Getting Out of Debt | Live Q&A with Arizona Attorney John Skiba | Summary and Q&A

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May 12, 2023
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Consumer Warrior
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Getting Out of Debt | Live Q&A with Arizona Attorney John Skiba

TL;DR

Consumer protection attorney John Skiba answers viewer questions about debt collection lawsuits, settlement agreements, trial objections, statutes of limitations, and more.

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Key Insights

  • ❎ Debt collection firms often prefer to settle rather than go to jury trial due to potential expenses and the possibility of a negative opinion from jurors.
  • 🍉 Settlement agreements should clearly outline payment terms, including monthly installments, to avoid potential legal issues in the future.
  • 🆘 Objecting to witnesses who were not properly disclosed can be a valid strategy during a trial, helping to challenge the credibility of their testimony.
  • 👻 A judgment that remains unpaid can accumulate interest, causing the total owed amount to grow substantially over time.

Transcript

hey everybody and welcome to Thursday night hey everybody John skiba here from the consumer Warrior YouTube channel welcome to Thursday night I am back once again sorry I missed you last week uh last week is a pretty big week in the skiba household my oldest my son got married last weekend uh on Friday so Thursday there was much to do and so I was ... Read More

Questions & Answers

Q: If a debt collection lawsuit does not ask for attorney's fees, is compelling a jury trial or private arbitration more effective?

While the complaint may not request attorney's fees, debt collection firms can still seek them if the case goes to trial. While compelling a jury trial can be costly for them, it's not guaranteed that they won't request attorney's fees. Private arbitration may lead to a more favorable settlement due to the potential risks for the debt collectors.

Q: Can a settlement agreement be deemed illegal if it states full payment in a specific period without considering monthly installments?

If the agreement only requires full payment within a given timeframe and does not specify monthly installments, it could be grounds for an objection. However, the situation may vary depending on the court and the clerk's intent. One option is to file a motion to compel the settlement agreement and demonstrate that the terms were not properly disclosed.

Q: How should one handle objections in a trial when a witness's name has not been disclosed and the evidence seems weak?

If the plaintiff fails to disclose a witness's name in their initial disclosure statement, you can object to that witness testifying during trial. Referencing the court rules regarding disclosure requirements may help support your objection. If the witness is allowed to testify, you can undermine their credibility during cross-examination, highlighting their limited familiarity with the case's documents.

Q: What happens if a person doesn't pay the weekly payments specified in a judgment for several years?

Failure to make payments on a judgment can result in additional interest accumulating, causing the judgment amount to grow significantly over time. To address the situation, one can consider filing a motion to modify the judgment, especially if there is no income or assets to fulfill the payment terms.

Q: How does the statute of limitations work when moving from one state to another?

The statute of limitations that applies in a lawsuit generally follows the procedural law of the state where the lawsuit is filed. However, if a debt originally incurred in one state exceeds its statute of limitations and then a person moves to another state with a longer statute, it may be arguable to apply the original state's statute of limitations.

Summary & Key Takeaways

  • John Skiba is a bankruptcy and consumer protection attorney based in Arizona who focuses on consumer bankruptcy cases, defending people being sued by creditors, and plaintiffs-type work.

  • On his YouTube channel, Skiba hosts live Q&A sessions where viewers can ask questions and receive guidance on various legal issues.

  • In this session, Skiba addresses questions about debt collection lawsuits, settlement agreements, trial objections, statutes of limitations, and provides insights and strategies for each scenario.

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