Live Q&A - Debt Collection Lawsuits, Bankruptcy, Wage Garnishment, and More...

TL;DR

Consumer protection attorney John Skiba conducts a live stream Q&A session to answer questions related to debt collection lawsuits, bankruptcy, and other legal issues.

Transcript

hey everybody john skiba here i'd like to welcome you to the tonight's live stream it's thursday night we do this every thursday night and uh for those of you who may be joining us now or maybe watching the replay of this welcome to you as well but i'm a consumer protection attorney in the state of arizona i deal with people who are being sued by d... Read More

Key Insights

• 🥶 Skiba recommends using free resources like Google Scholar and Cornell Law School's Legal Information Institute to research legal decisions and statutes.
• 🥳 Credit scores can rebound after bankruptcy due to the elimination of delinquent accounts and debt-to-income ratio improvements.
• ❤️‍🩹 Filing for bankruptcy does not automatically mean the end of your credit or ability to obtain loans, but different lenders have different waiting periods and requirements.
• 💁 Disputing inaccurate information on your credit report can be done through a formal dispute process, and further legal action may be pursued if necessary.
• 🪈 Divorce decrees do not bind creditors, so even if one spouse was ordered to pay certain debts, creditors can still pursue both spouses for payment.
• 💳 Credit reporting agencies determine collectability based on credit reports and sell this information to debt buyers and collectors.
• 🎁 Zoom or phone court appearances may be required due to pandemic restrictions, and it may affect the ability to effectively present defenses.
• 👻 Intellectual property may be part of the bankruptcy estate, but exemptions and negotiation with the trustee may allow individuals to retain ownership.
• 📼 Buyback agreements with trustees can be an option to retain assets by providing an offer to buy out the non-exempt equity.

Questions & Answers

Q: Can you recommend any free resources for finding legal decisions and case law in my state?

Two free resources you can use are Google Scholar, which allows you to search legal decisions by state, and Cornell Law School's Legal Information Institute, which provides access to rules of civil procedure, rules of evidence, and statutes.

Q: How long does it take for a credit score to increase after filing for Chapter 7 bankruptcy?

The impact on credit scores varies depending on the starting score. Higher scores may see a significant drop initially, but a rebound can be expected within 60 days after the discharge. Lower scores may see an increase fairly soon after the discharge, sometimes even as much as 100 points or more.

Q: What should I include in the "defendant praise any for recommendations" section of an answer form in California?

The "defendant praise any" section is where you can state what specific relief you are asking the court to grant. For example, you can request reimbursement of court costs or dismissal of the lawsuit.

Q: I paid off a collection, but it's still showing on my credit report. How long does it take to remove it?

Typically, it takes about 30 days for credit reporting agencies to update their records. However, if you simply paid off the collection without requesting deletion, the account may still appear on your report, albeit as a zero balance. Negative information will stay on your report for approximately seven years.

Summary & Key Takeaways

• John Skiba is a consumer protection attorney in Arizona who specializes in representing people being sued by debt collectors and handling bankruptcies.

• He conducts a live stream Q&A session every Thursday evening to answer questions related to debt collection lawsuits, bankruptcy, wage garnishments, and other legal matters.

• Skiba provides information and resources to help individuals better understand their legal rights and options, but he cannot give specific legal advice as he is only licensed in Arizona.