4 CRUCIAL Stages Of Defending A Debt Collection Lawsuit | Summary and Q&A

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November 22, 2023
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Consumer Warrior
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4 CRUCIAL Stages Of Defending A Debt Collection Lawsuit

TL;DR

Learn the four stages of defending a debt collection lawsuit, including filing an answer, disclosure/discovery, motion for summary judgment, and trial.

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Key Insights

  • 📁 Filing an answer to the debt collection lawsuit is crucial to avoid a default judgment, which is common when consumers fail to respond.
  • 🥳 The disclosure/discovery period allows both parties to exchange information and evidence, providing an opportunity to evaluate the strength of the plaintiff's case.
  • 🛀 Responding to a motion for summary judgment requires substantive legal defenses and showing that there are factual disputes, sending the case to trial.

Transcript

hey everybody John skeba here from the consumer Warrior YouTube channel and in this video I'm going to share with you the four steps of Defending a debt collection lawsuit sometimes I think that helps to get just a big picture of what it is that you're dealing with so that you know how a case proceeds from each stage to each stage as you leads towa... Read More

Questions & Answers

Q: What should I do if I receive a debt collection lawsuit?

You should promptly file a written response to the complaint within the specified time to avoid a default judgment. Seek legal advice if needed.

Q: What happens during the disclosure/discovery period?

Both parties must exchange relevant information, documents, evidence, and witness statements. This is the time you get to review the plaintiff's evidence.

Q: Can the plaintiff use evidence against me if they didn't disclose it during the discovery period?

No, if the plaintiff fails to disclose certain evidence, it cannot be used against you in trial. The same applies if you fail to disclose evidence.

Q: When does a motion for summary judgment occur?

The debt collector may file a motion for summary judgment if they believe the facts of the case are not in dispute and they should win based on the evidence provided.

Q: How long does it take to get a trial date for a debt collection case?

Trial dates can vary depending on the jurisdiction and the complexity of the case. It can range from a few months to over a year.

Summary & Key Takeaways

  • Step 1: The debt collector files a lawsuit and serves you with a complaint and summons. You must file a written response within the specified time to avoid a default judgment.

  • Step 2: The case enters the disclosure/discovery period, where both parties exchange information, documents, and evidence related to the case.

  • Step 3: The debt collector may file a motion for summary judgment, arguing that there are no factual disputes and requesting a judgment without a trial.

  • Step 4: If the case proceeds to trial, the parties present their evidence, cross-examine witnesses, and the judge or jury decides the outcome.

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