95% Make this Mistake Defending Their Debt Collection Lawsuit | Summary and Q&A

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June 16, 2020
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Consumer Warrior
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95% Make this Mistake Defending Their Debt Collection Lawsuit

TL;DR

Many people lose their debt collection lawsuit cases because they fail to file a written response to the lawsuit.

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Key Insights

  • 📁 The mistake of failing to file a written response is made by 95% of individuals sued by a debt collector.
  • 👻 Responding promptly with a written answer allows individuals to dispute the allegations and potentially settle the debt for less.
  • 🏆 Once a default judgment is entered, it becomes challenging to contest or negotiate the debt.
  • 📁 Debt collectors often rely on individuals not filing a written response to secure favorable judgments.
  • 😚 Understanding the deadline for filing a response is crucial to avoid losing a debt collection lawsuit.
  • 📁 Individuals should educate themselves on the process of drafting and filing an answer to defend against debt collection lawsuits.
  • 🏆 Considering settlement or contesting the case can be decided after filing a written response.

Transcript

  • Hi, I'm John Skiba with the Arizona Consumer Law Group. And in this video, I'm going to share with you the mistake that 95% of people who get sued by a debt collector make that results in them losing their case altogether. But first, if this is your first time here to my YouTube channel, go ahead and click subscribe and check off the little bell ... Read More

Questions & Answers

Q: What is the mistake that causes people to lose debt collection lawsuits?

The mistake that causes people to lose debt collection lawsuits is the failure to file a written response to the lawsuit. This allows the creditor to obtain a default judgment, resulting in severe consequences such as wage garnishment.

Q: What should individuals do upon receiving a summons and complaint from a debt collector?

Individuals should closely read the summons to determine the deadline for filing a written response. They should mark the deadline on their calendar, set reminders, and make sure not to miss it to avoid losing their case.

Q: Can individuals go to court on a specific date and time instead of filing a written response?

In some jurisdictions, individuals may be required to appear in court at a specified date and time mentioned in the summons. However, most states require a written response called an answer to be filed within a certain time period.

Q: What are the consequences of not filing a written response to a debt collection lawsuit?

Failing to file a written response within the given timeframe results in a default judgment. Along with the judgment, individuals may also be responsible for attorney's fees, court costs, and other expenses.

Summary & Key Takeaways

  • 95% of individuals who get sued by a debt collector make the mistake of not filing a written response to the lawsuit, resulting in a judgment entered against them.

  • Debt collectors serve individuals with a complaint and summons, which usually require a written response within a specific timeframe.

  • Failing to file a written response can lead to wage garnishment, bank levies, and other financial problems.

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