A Guide to Winning Your Debt Collection Lawsuit | Summary and Q&A

1.5K views
March 11, 2023
by
Consumer Warrior
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A Guide to Winning Your Debt Collection Lawsuit

TL;DR

Learn about the do-nothing approach for dealing with a debt collection lawsuit, which may be applicable in limited situations.

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Key Insights

  • 😣 Failing to file an answer to a debt collection lawsuit can result in a default judgment with severe consequences.
  • 📼 The do-nothing approach is only suitable for those who are judgment proof, meaning their income and assets are protected.
  • 👮 It is crucial to consider the exemption laws in your state and the potential long-term effects before choosing the do-nothing approach.
  • 🧑‍🏭 Social security income and the absence of real estate ownership are significant factors in determining judgment proof status.
  • 🗯️ Consulting with an attorney is essential to evaluate your specific situation and ensure the do-nothing approach is the right option.
  • 💳 Debt collectors can still damage your credit even if you choose to do nothing.
  • 🍉 The do-nothing approach may not be a long-term solution, as your financial situation could change over time.

Transcript

hey everybody John skiba here from the consumer Warrior YouTube channel and in this video I'm going to give you a strategy for dealing with a debt collection lawsuit that I don't give out that often I call this the do nothing approach to dealing with your debt collection lawsuit but this is your first time here to my YouTube Channel please click su... Read More

Questions & Answers

Q: What are the consequences of not filing an answer to a debt collection lawsuit?

Failing to file an answer can result in a default judgment, allowing the debt collector to obtain what they are asking for along with interest, attorney fees, and court costs. They can potentially garnish your wages and levy your bank accounts or lean real estate.

Q: Who could benefit from the do-nothing approach?

The do-nothing approach is suitable for individuals who are judgment proof, meaning their income and certain types of assets are protected by federal and state laws. This includes individuals who solely rely on social security income and don't own any real estate.

Q: Is the do-nothing approach recommended for everyone?

No, it is essential to consult with an attorney to evaluate your specific situation and assess the exemption laws in your state. Factors such as potential changes in your financial situation in the future should also be considered before deciding on the do-nothing approach.

Q: Can debt collectors damage your credit even if you do nothing?

Yes, debt collectors can report your unpaid debt to credit bureaus, which will negatively impact your credit score. However, if you are judgment proof, this may be the least of your concerns as they cannot take any assets or income from you.

Summary & Key Takeaways

  • Debt collection lawsuits require a timely response called an answer; failure to do so can result in a default judgment.

  • The do-nothing approach is an option for those who are judgment proof, meaning their income and assets are protected under federal and state law.

  • It is crucial to assess the exemption laws in your state and evaluate the potential long-term effects of doing nothing.

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