How to Win a Debt Collection Lawsuit | Summary and Q&A

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May 5, 2020
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Consumer Warrior
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How to Win a Debt Collection Lawsuit

TL;DR

Learn three crucial tips for winning a debt collection lawsuit, including being careful with discovery requests, filing an answer to the complaint, and attending all hearings.

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Key Insights

  • ❓ Be cautious with written discovery requests, as they can provide the plaintiff with evidence they didn't have before.
  • 📁 Filing an answer to the complaint is crucial to avoid a default judgment.
  • đŸĻģ Attendance at all court hearings is essential, as failing to appear can result in a default judgment against you.
  • 🏅 Consider settling the case instead of going to trial, as a favorable settlement can be considered a win.
  • 🖤 Debt buyers often lack extensive documentation, making it difficult for them to prove their case.
  • 🧘 By positioning the case for a settlement, you may be able to negotiate a more favorable outcome.
  • 😉 Be aware of what winning means to you and be open to alternative resolutions, such as settlements.

Transcript

  • Hi, I'm John Skiba and in this video, I'm going to share with you three tips on how to win your debt collection lawsuit. And if you stick around to the end, I'm going to provide you with a fourth tip that may be a real game changer in trying to win this debt collection lawsuit. But if this is your first time here on my YouTube channel, go ahead a... Read More

Questions & Answers

Q: Why should you be careful with written discovery requests?

While it may seem logical to request evidence from the plaintiff, it can actually provide them with information they didn't have before, making your case more challenging to defend. The burden of proof is on the plaintiff, not the defendant.

Q: What happens if you fail to file an answer to the complaint?

If you don't respond to the complaint, you risk receiving a default judgment in favor of the plaintiff. This can lead to additional costs, such as attorney's fees and court expenses, and potentially wage garnishments.

Q: Why is attending all court hearings important?

Many debt collection cases end in default judgments because defendants fail to show up to hearings. By attending all hearings, you demonstrate your commitment to defending yourself and can potentially have the case dismissed or settle for a lower amount.

Q: Can you hold the plaintiff accountable if they don't show up to a hearing?

Yes, if the plaintiff fails to appear at a hearing, you can request the court to hold them accountable for not showing up. Just as they expect you to be present, they should also be held to the same standard.

Summary & Key Takeaways

  • Be cautious when requesting written discovery from the plaintiff, as it may provide them with evidence they didn't have before and make your case more difficult to defend.

  • Filing an answer to the complaint is essential to avoid a default judgment, which can result in higher costs and potential wage garnishments.

  • It is crucial to attend all court hearings and hold the plaintiff accountable if they fail to appear.

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