Dealing with Debt Thursday | Live Q&A with Arizona Attorney John Skiba | Summary and Q&A

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October 13, 2023
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Consumer Warrior
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Dealing with Debt Thursday | Live Q&A with Arizona Attorney John Skiba

TL;DR

Consumer Warrior YouTube channel hosts a weekly live stream Q&A to help people dealing with debt issues, providing resources and legal advice.

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Key Insights

  • ðŸĨĄ Debt collectors may delay taking action on a judgment due to various reasons, such as prioritizing other cases or determining that you are "judgment proof."
  • ðŸ‘ķ The statute of limitations does not protect against a lawsuit filed within the time limit; it only prohibits new lawsuits once the deadline has passed.
  • ðŸ˜Ŧ Default judgments can be set aside if there is improper or insufficient service, giving the defendant an opportunity to contest the judgment.
  • ðŸĪŠ Mediation is an opportunity for both parties to find a middle ground and potentially resolve the case without going to trial.
  • ðŸ‘Ū It is recommended to consult an attorney in your state to understand specific laws related to LLC ownership of property and bankruptcy.
  • 📞 Filing for bankruptcy pro se (without an attorney) can be risky, especially if there are assets or potential issues like preferential payments.
  • 🚙 Surrendering a vehicle during Chapter 13 bankruptcy involves obtaining permission from the court to surrender it to the lender and may have implications on credit reports.
  • 🔒 Private arbitration can be pursued as an alternative to litigation, and creditors often prefer to settle rather than proceed to arbitration.
  • ðŸ˜Ļ Filing for bankruptcy may trigger financial institutions to take actions such as offsetting missed car payments from your bank account.
  • 😑 Interest can accrue on a judgment, including pre-judgment and post-judgment interest, which can significantly increase the amount owed.

Transcript

hey everybody Welcome to Thursday night John skeba here from the consumer Warrior YouTube channel like we do each and every Thursday night we're here doing our live stream where we do a live Q&A talking about all things debt related uh again my name is John skeba I am a consumer protection attorney and a bankruptcy attorney in the state of Arizona ... Read More

Questions & Answers

Q: What would prevent a debt collector from taking action for garnishment after two years of a judgment being entered?

Several reasons could explain the lack of action, such as the debt collector not yet getting to your case or deeming you judgment proof if your income is protected or if you don't own any real estate.

Q: If a judgment is entered against my wife, but the statute of limitations has expired before the court date, can it be a defense?

Once a lawsuit is filed, the statute of limitations no longer applies. The important date is when the lawsuit was filed, not the trial date.

Q: Can I file an affidavit to set aside a default judgment on my own, or should I hire an attorney?

It is possible to file an affidavit yourself, but it's recommended to seek assistance from an attorney for guidance and help in drafting the motion to set aside the judgment.

Q: Can a bank take money from my checking account to pay a credit card bill if I missed a payment?

Banks generally cannot take funds directly from your checking account to pay a credit card bill. However, credit unions may have cross-collateralization agreements that allow for such actions.

Summary & Key Takeaways

  • Host John Skeba is a consumer protection attorney and bankruptcy attorney in Arizona, offering guidance on bankruptcy, lawsuits from debt buyers, wage garnishments, and more.

  • Viewers can ask questions in the chat section and receive advice and resources from Skeba.

  • Skeba emphasizes the importance of having a plan and understanding what can and cannot happen when facing serious debt issues.

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