How to Raise Objections in Your Debt Collection Lawsuit | Summary and Q&A

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June 11, 2020
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Consumer Warrior
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How to Raise Objections in Your Debt Collection Lawsuit

TL;DR

Learn how to raise appropriate objections to evidence presented by debt buyers in a lawsuit to increase your chances of winning the case.

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Key Insights

  • ๐Ÿ›„ Debt buyers purchase debts at a fraction of the original amount and aim to obtain judgments to garnish wages or seize funds.
  • ๐Ÿ–ค Debt buyers often lack sufficient documentation and witnesses to prove ownership of the account.
  • ๐Ÿคจ Raising objections to debt buyer evidence, specifically under the hearsay rule, can be effective in getting evidence excluded from the case.
  • ๐Ÿ‘ป The business records exception to the hearsay rule may allow certain documents to be admitted if specific criteria are met.
  • ๐Ÿ“œ Some courts follow a rule of incorporation, allowing debt buyers to testify about documents they did not create or have personal knowledge of, which can be challenged if the documents were obtained solely for litigation purposes.
  • ๐Ÿ˜‰ Proper objections to debt buyer evidence can lead to a higher likelihood of winning a debt collection lawsuit.

Transcript

  • Hey everybody, this is John Skiba with the Arizona Consumer Law Group. And in today's video, I'm going to show you how to make appropriate objections in your debt collection lawsuit. But if this is your first time to my YouTube channel, go ahead and click Subscribe and click on the little bell there. That way you won't miss out on any of the new ... Read More

Questions & Answers

Q: What are junk debt buyers?

Junk debt buyers are entities that purchase debts from original creditors and then sue individuals to collect on those debts.

Q: What defenses do individuals have when being sued by junk debt buyers?

Individuals can argue that they did not borrow money from the debt buyer and did not agree to pay them, as well as demand proof of ownership of the account.

Q: What is hearsay?

Hearsay is any written or oral statement made outside the courtroom by another party, which should be testified by the original source rather than a third party.

Q: How can objections be raised to debt buyer evidence?

Objections can be made based on the hearsay rule, arguing that the documents presented by debt buyers were created by other companies and lack proper authentication and foundation.

Summary & Key Takeaways

  • Debt collection lawsuits are often brought by junk debt buyers who purchased your debt and are seeking to sue you for it.

  • Debt buyers must prove ownership of the account and provide evidence, but they often lack proper documentation and witnesses from the original creditor.

  • Raising objections to their evidence, specifically focusing on the hearsay rule, can help get their case thrown out and increase your chances of winning.

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