Live Q&A - Debt Collection Lawsuit, Bankruptcy, Debt Settlement | Summary and Q&A

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April 16, 2021
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Consumer Warrior
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Live Q&A - Debt Collection Lawsuit, Bankruptcy, Debt Settlement

TL;DR

John Skiba answers viewer questions regarding debt collection lawsuits and provides strategies for dealing with them effectively.

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Key Insights

  • 😮 Bankruptcy filings have not seen a significant increase due to the pandemic, but lawsuits by debt buyers have risen.
  • 🖤 Affidavits submitted by debt buyers may lack specific information and can be challenged by questioning their knowledge and accuracy.
  • 🐕‍🦺 Default judgments can limit options, but reviewing service documents and presenting evidence of improper service may help undo the judgment.
  • 🙅 Filing for Chapter 7 bankruptcy can halt debt collection lawsuits, while settlements or fighting the case are other options.
  • 🥺 Changes in rules may allow debt collectors to contact individuals through social media platforms, potentially leading to more legal disputes.
  • 😫 Responding to motions for summary judgment is important, even if a trial date has been set, as failing to respond can result in a judgment against the defendant.
  • 🤱 Court fees can be waived if there is a demonstrated need, and unemployed individuals may have a higher chance of having fees waived.

Transcript

hey everybody john skiba here and it is uh i'm wrapping up the end of my day right now and so uh something i haven't done in quite a while that i thought i would do is do a live stream and answer questions i know that uh you know i see in the comments there's always a ton of questions and more than i can frankly get to in responding to them so i th... Read More

Questions & Answers

Q: Can you explain how to challenge robo affidavits of claims in debt collection lawsuits?

In debt collection lawsuits, junk debt buyers often submit pre-printed affidavits lacking specific information. It is crucial to examine these affidavits closely, questioning how they know the alleged debt and whether the information aligns with the complaint and provided documents.

Q: How effective is filing for Chapter 7 bankruptcy when dealing with lawsuits from debt buyers like Portfolio Recovery Associates?

Filing for Chapter 7 bankruptcy can stop debt collection lawsuits. It imposes an automatic stay, halting collections. It is one of the three options when dealing with such lawsuits, alongside fighting or settling them.

Q: What happens in court when filing a motion to strike an affidavit in a debt collection lawsuit?

When filing a motion to strike an affidavit, hearings may be conducted. If the affidavit is based on hearsay or lacks proper witnesses, it can be objected to as inadmissible evidence. However, objections can vary depending on the specific court rules.

Q: How can one handle a default judgment that has already been entered in a debt collection case?

Options become limited once a default judgment is entered. It is crucial to review the documents relating to the judgment, such as the affidavit of service. If there is evidence that proper service did not occur, it may be possible to file a motion to vacate the judgment. If not, filing for bankruptcy or exploring settlement options may be necessary.

Summary & Key Takeaways

  • John Skiba responds to viewer questions about debt collection lawsuits in a live stream Q&A session.

  • He discusses the current state of debt collection in America, including the increase in lawsuits by debt buyers.

  • Skiba advises viewers on how to handle specific situations such as robo affidavits of claims, default judgments, and negotiations with creditors.

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