Pro Tips - Defending Debt Collection Lawsuits | Summary and Q&A

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October 20, 2021
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Consumer Warrior
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Pro Tips - Defending Debt Collection Lawsuits

TL;DR

Learn three tips for successfully challenging debt buyers in trial and arbitration, including paying attention to details, questioning the timing of document review, and uncovering lack of training.

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Key Insights

  • 📜 Paying attention to details in documents can help identify discrepancies that undermine the credibility of debt buyers.
  • 🖤 Questioning the timing of document review by witnesses exposes their lack of familiarity with the case.
  • ❓ Inquiring about training from original creditors reveals debt buyers' limited knowledge and weakens their ability to meet legal requirements.
  • 💄 Applying these strategies can create doubt and discomfort for the court, making the debt buyer's evidence less reliable.
  • ❓ Attention to detail and careful preparation are crucial in challenging debt buyers effectively.
  • ❓ Trial strategies can also be applied when responding to summary judgments.
  • 🖐️ Evidence and witness credibility play vital roles in debt buyer cases.

Transcript

hey everybody john skiba here and in this video i'm going to share some tricks of the trade i had a trial this morning against one of the larger debt buyers and i thought you know there's a few things i do when i'm in trial that i thought it'd be good to share with you that i do over and over again because i found them to be highly effective but if... Read More

Questions & Answers

Q: Why is paying attention to document details important in a trial against debt buyers?

Paying close attention to document details allows you to identify discrepancies and errors that can cast doubt on the accuracy and reliability of the debt buyer's evidence. It helps challenge the authenticity of their claims.

Q: How does questioning the timing of document review work in cross-examination?

By asking witnesses when they first reviewed the documents in question, you can highlight their lack of familiarity and limited knowledge about the case. This casts doubt on their credibility and weakens the debt buyer's position.

Q: Why is it significant to inquire about the training debt buyers receive from original creditors?

By asking about training, you can expose that debt buyers have no firsthand knowledge of how the original creditor maintains their business records. This undermines their ability to meet the legal requirements for admitting evidence and weakens their case.

Q: How do these tips apply to responding to summary judgments?

These tips can be used in summary judgment responses to challenge the admissibility of the debt buyer's evidence. By pointing out discrepancies, lack of familiarity, and lack of training, you can argue that the evidence should not be considered reliable or admissible.

Summary & Key Takeaways

  • The speaker shares three effective strategies he uses in trials against debt buyers, emphasizing the importance of paying attention to details in documents.

  • He highlights the significance of questioning the timing of document review by witnesses and argues that it undermines their credibility.

  • Additionally, he advises asking about the training debt buyers receive from original creditors to expose their lack of knowledge and cast doubt on the reliability of their information.

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