2 Proven Strategies to Winning Your Debt Collection Lawsuit | Summary and Q&A

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September 7, 2020
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Consumer Warrior
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2 Proven Strategies to Winning Your Debt Collection Lawsuit

TL;DR

Learn two proven strategies to successfully defend yourself in a debt collection lawsuit against junk debt buyers.

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Key Insights

  • 💯 The speaker has extensive experience defending consumers in debt collection lawsuits, having handled hundreds of trials against junk debt buyers.
  • 👍 Two main strategies for defending against debt collection lawsuits are the "scorched earth" approach, which involves using discovery extensively, and the passive approach of challenging the debt buyer to prove their case.
  • 🥺 Engaging in extensive discovery can put pressure on the debt buyer and make the case more challenging for them, potentially leading to a dismissal or favorable settlement.
  • 💁 Requesting a deposition can provide valuable information before the trial and can be used to discredit the witness if inconsistencies arise.
  • 🖤 Taking a passive approach and not requesting additional documents can be effective if the debt buyer lacks sufficient evidence to prove their case.
  • ❓ The burden of proof is on the debt buyer, not the defendant, in debt collection lawsuits.
  • ⌛ While both strategies have their advantages, they also require significant time and effort, with the passive approach being less time-intensive.

Transcript

  • Hey everybody, John Skiba here. And in this video, I'm going to share with you two proven strategies that'll help you to win your debt collection lawsuit against a junk debt buyer. But if this is your first time here to my YouTube channel, please go ahead and click subscribe, check off that little bell. That way you'll be notified each and every ... Read More

Questions & Answers

Q: How did the speaker initially become involved in defending consumers against debt collection lawsuits?

The speaker started by handling bankruptcy cases but realized that some clients could benefit from defending themselves against debt collection lawsuits instead.

Q: What is the "scorched earth" approach, and how does it work?

The "scorched earth" approach involves using discovery methods such as document requests and depositions to make the case more challenging for the debt buyer, causing them to incur additional costs and potentially leading to a dismissal or settlement.

Q: What is the advantage of requesting a deposition in a debt collection lawsuit?

Requesting a deposition allows the defendant to obtain information from the witness before the trial and can be used to impeach their testimony if inconsistencies arise during the trial.

Q: How does the passive approach in defending against debt collection lawsuits work?

The passive approach involves challenging the debt buyer to prove their case without requesting any additional documents, as they usually lack sufficient evidence. This strategy relies on the burden of proof being on the plaintiff.

Summary & Key Takeaways

  • The video discusses how the speaker got into defending consumers against debt collection lawsuits and why he chose to fight against junk debt buyers.

  • The first strategy mentioned is the "scorched earth" approach, which involves using discovery, such as document requests and depositions, to put pressure on the debt buyer and make the case more difficult for them.

  • The second strategy is taking a more passive approach by challenging the debt buyer to prove their case and not requesting any additional documents, which can work in cases where the debt buyer lacks sufficient evidence.

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