Five Options When Sued By A Debt Collector: Fight The Lawsuit On Your Own
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- Опубликовано: 9 авг 2014
- www.alabamaconsumer.com/2014/0...
This is the video discussing the second option -- fighting the lawsuit on your own -- when you have been sued by a debt collector or debt buyer in Alabama.
The five options you have are:
1. Bankruptcy
2. Fight the case on your own
3. Settle the case on your own
4. Hire a lawyer to fight the case
5. Hire a lawyer to settle the case
Each option has advantages and disadvantages (particularly bankruptcy which we rarely recommend).
When looking at fighting the case on your own (also called being "pro se"), the main advantage is there is no lawyer fee.
The main disadvantage is you don't have a lawyer.
Typically if you have been sued in Circuit Court you don't want to choose this option as the level of complexity can be too much to handle on your own.
But if you are sued in District or Small Claims court, and you are willing to spend time instead of spending money, then this may be a good choice for you.
We'll be glad to help you think through your options.
If you have questions about your options when sued in Alabama, please feel free to get in touch with us by calling us at 205-879-2447 or contacting us through our website AlabamaConsumer.com.
John G. Watts
Watts & Herring, LLC
Birmingham, Alabama
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
My goodness, this is the calmest guy in the world
:)
When things are crazy, have to be calm.
But if I talking to a jury that needs firing up, then I do my best on that.
Hopefully have a few tools in the tool box. :)
Have a great day!
John
I'm from Maryland. I was sued by POYD. Looked at few of your videos. Prepared like 80 pages. Circuit Court. Spoke with lawyer and "No" -"don't know". Lawyer walk off when actual trial started and was dismissed.. lol....Thank you
I love your videos.your an excellent educator. You keep everything simple even when it possibly complex. You're very detailed. I'm learning a lot from you 😊 Thank you. Your videos need to go viral with the knowledge you have to offer
That's very nice of you to say -- I like things made simple. :)
Thanks for watching and commenting!
John
This man is superb, excellent videos , simple and detailed
Great Video!!!! Settlement (offered after negotiation): 1000.00 (100.00 / Month Pmt) vs 3300.00 Debt (I disagreed with amt owed + never said I owed this debt)
John, I got another nonresponsive lawyer... And I'm in court very soon. So I emailed another attorney who thought he'd try to take advantage of me, he wanted to charge me $10,000 to $30,000 to fight my case. On a $7000 debt. I'm reporting him to the Texas State Bar, and to the Attorney General.
So, no attorney... I'm having to go in on my own. I'll give you a report, by mail. Not here.
(Update: I did get a lawyer. But he's also quite non-responsive. We'll see how he does. This case is entering it's 4th year since filed, and because of plaintiff failings and Covid, it's dragged on and on with many visits to the courtroom.)
.
Edit: oh, a little more... the plaintiff attorneys leaked false information to MyLife.com to further slander me, with false information they submitted peppered with other info they could have only gotten from MoneyGram, who they paid to get updated address and personal information about me initially. So, they screwed up big-time by the original identity theft they took part in, and now the slander. *YES. SLANDER.*
@Hello they talked bad about him
What does it mean when a junk debt collection agency states your account is restricted and the manager is the one that can give out any information
I just went to court yesterday, prepared, and did very well. The judgement however was not made the same day. The judge said he needs at least 2 - 4 weeks to review the notes from what was shared in court. My question is do you recommend the consume being sued to follow up with a letter highlighting all the areas where the debt collection agency failed to prove they owe the debt? If yes, can you provide a bulleted example of how that letter should read? Thanks!
Your advise is very helpful . I am in canada and have a collection in Maryland , do you operate in that area?
Sorry I do not. A couple of thoughts for you:
First, if the collector is in Maryland but collecting against you in Canada, then I believe whatever the Canadian laws on debt collection would apply. I would get with a consumer protection lawyer in your part of Canada.
Second, if you are being sued in Maryland (maybe you used to live there?) then you'll need a consumer protection attorney in Maryland. They can help you see if this is something you can handle on your own or if you need to hire an attorney.
Thank you for the kind words and hope the two items above will help you.
I wish you the best!
John Watts
I would like to know how those check places can charge so much intrest I cant get out of debt with those people there loan sharking scammers...I was tricked into thinking I could pay it off but they will write you an call u saying you can borrow this much today all I wanted was 75 that's ended up costing 1100 how did they do this to me help I'm in Alabama in marshal county I need help
Sorry -- it is hard to deal with these check cashing places. Call my office on Monday at 205-879-2447 and ask for Carolyn -- she can get your information and we'll help you go through your options. Let her know we connected on youtube. Thanks!
John Watts
Hi..im in Nevada..believe the statute of limitation is 6 yrs..original creditor charged off debt 2016..last pmt was 2015...they say i dont owe them and cant pay them because its charged off and sold..so what constitutes as proof the debt collector/buyer owns the debt..this buyer/collector is trying to sue me..also they are not on my credit report..the courts wont respond to anything theyve filed nor set a court date..its been 2 years..i filed a response stating no knowledge of the plaintiff or debt and that they filed a fraudent proof of service on someone at an old address of mine..so i was never served..the process server seved a new tenant at an old address who even told him she didnt know me..which she didnt..they left it at her feet anyway and the attorney filed it as good proof of service. The proof of service literally says that.. They are asking for a discovery hearing..provided me copies of old statements from the original creditor. Also a purchase agreement between them and original creditor but doesnt state my name or account number anywhere on the document. Is a 1 page form. Do they need to provide any additional paperwork to prove they now own the debt??
Thank you
Simple answer is I don't know -- I'm not sure how Nevada works. Every state is different when it comes to proof in debt collection lawsuits.
I would get a consumer lawyer there who hopefully knows the rules and customs of your particular judge, the lawyers on the other side, etc.
Start here: www.consumeradvocates.org/find-an-attorney
Best wishes!
John
Like this video. Shared.
I owe $18k back in 2012 for medical bills, the hospital collections call me to collect what should I do
Tony,
Couple of questions/thoughts for you.
1. Is it the hospital calling or a separate collection agency calling you?
2. Have you submitted all the bills to insurance to see if they can pay any?
3. What do your credit reports show? (www.AnnualCreditReport.com)
4. Have you had any discussions about settling the debt?
5. Is anyone threatening to sue you?
6. What is the statute of limitations (time period for them to sue you) in your state on hospital bills?
7. Have you spoken with a consumer protection attorney in your state to see what options you have and what the dangers are for you? I would definitely suggest doing this as medical debt can be handled very differently from one state to another.
Hope these questions/thoughts give you a good starting point -- ultimately get with a lawyer in your state who knows about medical debt.
Best wishes and getting this behind you!
John Watts
I’m getting sued for breach of contract and open account for 4500 the day i signed the contract was 5/1/2015 and the statue of limitations in California say 4 years and we are in 2/2/2020
Can you share what happened with your case.
Please help me im being sue for 33k for sitting in hosptial for a few days...they did nothing but pump fluid in me...5yrs later they tryna sue me...but i dont believe i owe this much please please help me i wanna represent myself
Becky,
Sorry you are going through this.
If you are in Alabama, then you will be sued in Circuit Court. It is possible -- but difficult -- to defend yourself in Circuit Court. There are so many rules of court that can trip you up that are not present in Small Claims or District Court.
(If you are outside of Alabama, you'll need to get with someone in your state as I don't know the rules of court outside of Alabama).
Here are some suggestions:
1. Talk to a consumer protection lawyer -- even if representing yourself -- just to get some guidance.
2. Make sure you understand you have 30 days to respond in a circuit court case in Alabama after you are served.
3. Gather your facts and proof that the charges are bogus or too high etc.
4. Look at statute of limitations -- is there a written contract you signed before the procedures, were you brought in during an emergency, etc.
5. Did you have any health insurance at the time -- was a claim submitted, etc.
6. Have you discussed the option of settling?
7. Have you looked at bankruptcy -- very rare it is a good choice but being sued for $33,000 is a lot of money so you might look at this option.
If you want to see a detailed FAQ video on being sued in Alabama, you might want to look at this video we did. ruclips.net/video/YDPrXTxqmew/видео.html
Best wishes and feel free to call us if you are in Alabama -- 205-879-2447.
Thanks
John Watts
If you are incarcerated for something else then what happens?? Please help. How can you defend against creditors if you’re already in prison?
Sasha,
Normally in Alabama for someone to "serve" you while in prison they have to serve the warden who then passes it along to the inmate. Special permission has to be granted to show up in court, etc.
I'll be honest -- it is difficult for both sides if the defendant (one sued) is in prison.
One option is to get with a consumer protection lawyer as this is out of the ordinary.
If you don't do that then you may want to let the other side know the person they are suing is in prison and see what they want to do. There are dangers in doing this -- for example they may not can serve the defendant and that could dismiss the case (without prejudice) if they don't know person is in prison. But on the other hand the court could think the defendant has been served (papers left at old address etc) and then enter a judgment.
That's why I recommend getting with a lawyer who does this work to go over the options -- a lot will depend on the collection lawyer and the judge and where the person is incarcerated.
Hope that helps
John Watts
Thank you. I’m killing myself worrying about his debt. I have paid it all up til now. Now I can’t do it. If he gets out he can work something out. I’m devastated and am so tired. This has been going on for 6 years. I don’t have it in me to deal with these creditors. I have my own cards.
Understand your frustration. My suggestion is take care of yourself first or otherwise you can't help anyone else. Kind of like when we fly -- "First take the oxygen mask for yourself and then help someone else."
Best wishes!
John Watts
Hi I’m in California and I got served, I have 30 days to respond I’m not sure what will happen next, the debt is less thay $2000 how do I avoid court?
Hello , same thing has occurred to me and I am California also how did you respond ? I am unable to find any information on how to do this , thank you in advance
What about if you are sued and they never serve you? What happens next
Eventually if they don't serve you most judges will dismiss the case.
Do be careful about service -- make sure you know in YOUR state what it means to be served.
For example in AL if the papers are given to an adult who lives in your house, and they throw the papers away and never tell you, then you were served.
So make sure you are good with what it means to be served etc.
Best wishes!
John
I was served yesterday, I have 20 days to respond. Do you have a video on how to word my letter to the judge?
Kevin,
You must not be in Alabama as we don't do 20 days here. Each state has its own rules and "customs" for how answers are to look. I really suggest get with a lawyer in your state to find out as what is acceptable in one state a Judge in another state will toss out.
Sorry can't help you any more than that. Start here if looking for a consumer lawyer: www.consumeradvocates.org/find-an-attorney
Best of success!
John
@@johngwatts Thank you very much sir. For the quick response. I am in Kentucky. Which seems to uphold a 15year statue of limitation. Anyway, I can not thank you enough for the general education of the court system in this manner!
@@johngwatts I am going back to court on a debt(judgment) that is causing me financial hardship. They were garnishing my wages.
1. Can I still ask them to prove this credit card debt from 2002?
2. Can I ask for a small settlement, since they've already garnishised close to $1200 on a now $4500 dollar judgement?
What does serve mean? Do they have to give you the lawsuit in person or by mail?
@@chk1261 If I were you I'd just file bankruptcy
Jefferson Capitol is suing me for a Fingerhut debt. All I will do is go into court and tell the judge I want to see the contract I signed with Jefferson Capitol, not Fingerhut.
What happed at this case if you don’t mind me asking? The same thing just happened to me and asking to pay Jefferson Capital. I also still haven’t signed the complaint letter from the process server.
@Hello she didn't show up so she got a default judgment against her lol
Hi, I have a question, I'm being sued by a credit card, they haven't served me yet but I received a note from the PO that I need to sign for a certified large envelope, if it's from the credit card company does the countdown start from when they mailed it or from when I sign for the package? thanks, in Texas
Thanks for your question -- you'll need to get with a Texas lawyer who can explain the rules.
In Alabama (where I practice) it is from when you sign for it, not when they mail it.
Same as if a "process server" went looking for you. It is not when they get the papers to serve you -- it is when you are actually served.
Same with certified mail.
Now again it could be different in Texas so get with a lawyer there.
Best wishes!
John Watts
probably the same everywhere, but i will check it, thanks
I’m in Florida what do I do
Talk to Mike Wasylick -- here is a video describing him and there is a link to his channel etc. ruclips.net/video/eNMTD8nhhRY/видео.html
Best wishes!
John
Gosh l'm being taken to court over $400 after purchasing a faulty steam mop that had blew up 1 week after the 4 week trial. They refused to refund and alow me to send it back what can l do ? They call at least 6 times a day.
Tara,
That sounds crazy to me -- are you literally being sued over a defective product you bought? At least in Alabama, that would be a good defense.
Is it the original creditor calling you 6 times a day or a debt collector that is calling you?
Definitely get with a consumer protection lawyer in your state as that's insane you are having to deal with this.
Best wishes
John Watts
What if the debt collector hasn't added any collection to my credit report at all? There's nothing there... Is that illegal?
No -- a collector does not have to credit report. It is always their choice. But if they credit report, they better do it 100% accurately and completely.
Some collectors tend not to credit report -- Crown Asset, Unifund, etc. They have made a business decision that credit reporting is too much risk.
Hope that helps!
John
Thank you, great content 👍🏾
Do I need a lawyer to settle outright with company?
No you can settle without a lawyer. Just a few warnings:
1. Don't let them take a default judgment -- so I would respond to the lawsuit AND negotiate.
2. Make sure you understand about credit reporting.
3. Understand about tax liability -- 1099.
4. Get the settlement terms in writing and then make sure you do everything you are required to do and then you can hold their feet to the fire.
Here are some videos you might want to watch: ruclips.net/video/WjHkEB6Cswg/видео.html
ruclips.net/video/MYJwGjidQZg/видео.html
ruclips.net/video/cjPXxhq0rWA/видео.html
ruclips.net/video/9O9Tl6hv1Uc/видео.html
Hope these help thanks for the question..
John
I had to settle with one once and the bill was $9576. I talked them down to $3900 lump sum. Great way to pay off old bills should you be sued! The manager told me she could absolutely not go below $3860 after i gave her a sob story and told her I’d be filing bankruptcy 😂😂
@Hip Hop Not at all. It is best to do that if you owe the company who most likely isn't the original company you owed the money to and who probably paid pennies on the dollar for your debt. Call the attorney, , most are willing to work with you and will accept less than the amount owed and put you on an affordable payment plan
@@calvinryon352
And just think the debt collector/buyer only paid say .04 cents on the dollar for your debt and you paid them 10X
Is it the same in Texas ??
I know your not in .. Texas ... is it close to the same law???
Mike I'm not sure. It probably is similar but you definitely need to get with a consumer protection lawyer in Texas who does this type of work to tell you. Should be easy for them to help you understand if you need a lawyer or if you can do this on your own. Sorry I can't help you -- I should have taken the Texas bar back in the day. :) John Watts
how often do pay day lenders sue?
I don't see them sue in Alabama. It's not illegal for them to sue but we just don't see it.
Now we do see lawsuits from Republic Finance and companies like this which are almost pay day lenders but I suppose technically they are not.
Hope that helps
John
@@johngwatts Do you know if Amscot or Spot loan would sue?
I have not heard of those companies suing at least in Alabama. If you are in another state, check with lawyers there as things change.
For example, until about a year ago, I never saw debt buyers suing for $500.
Now I do.
So things can change.
Here is place to start -- www.consumeradvocates.org/find-an-attorney if you need a lawyer in your state.
Best wishes!
John
Went to court Conn's no show walk out left letter no money no job disable. Bother me more.
I love his demeanor and he is good looking!
Thanks!
I was wondering if you can help me. I have been severed with a lawsuit. I have 30 days to respond to summons. I called the attorneys representing the debt collectors(calvary portfolio) and agreed on a settlement. I have it on paper. My question is do I still have to respond to the summons if we already agreed on a settlement? If so. How do i respond to the summons?
Josue, I'll respond with how it works in Alabama -- if you are in another state I don't know how it works.
Here in Alabama you have to make sure that you either answer before your time limit is up or the collection lawyers file a motion to dismiss or a motion for a settlement/pay docket or whatever the agreement is that you reached with them.
So normally if doing a lump sum (paying in one payment) then after that payment clears, they dismiss the case with prejudice.
If doing a payment plan, it depends on the judge. Some will allow the case to be put off to the side (called a "admin docket" or "settle/pay docket") but others don't.
Bottom line is you have to protect yourself from a default judgment. I have seen people settle, but before they pay their time to answer expires and the collection lawyer gets a default judgment.
I think that's dirty pool but it happens so protect yourself.
I would talk to the lawyers and get in writing what the plan is and then make sure you follow it perfectly and the collection lawyers do also.
Best wishes!
John Watts
PS -- make sure after you finish paying that you make sure your credit reports are correct -- you owe zero after you settle and pay. The collection account will still be on your reports but make sure it shows a zero balance because you no longer owe anything, right?
Good luck with everything!!
Alabama Consumer Protection Lawyers whoops. I forgot to mention I'm in california
No problem -- I can't tell you the rules out there but what I suggested should give you a good starting point.
Best wishes!
John Watts
How did this go Josue? I’m having the same issue with Calvary.
I know your watching. But we are done tel. And whoever else is watching
Please quit censoring my content
Are you trying to post something about validating debt
Verify the debt people make them prove the debt it's taken from your strawman account
@Michael Stawski III UCC 1 - 308 look of the Uniform Commercial Code
Accepted for Value discharging your debt
this guy looks alot like and sounds like bill paxton
:)
I won't complain being compared to a good actor. :)
Thanks....
John
more like bill clinton
Impress me if you can. Because as far as know how. You leave us nothing but philosophical views. And nothing on procedure.
If you stop paying your bills for where reason you have if is big amounts they will spent money taking you to court. Best thing to do stop all your bullshit and go bk clear your debt. Only one lawyer one time deal with this on court
Depends -- that can be good advice to file bankruptcy if you are going downhill and don't see a way out.
But it can be a bad idea when you can beat this collector suing you and then recover without having the damage of a bankruptcy.
Its like a medical option -- whether it is good to have the surgery or not depends on a bunch of factors. Have to weigh the pros and cons of it.
Bankruptcy is definitely an option and we always mention it as the first of five options -- in our experience representing hundreds of people each year, it is very rare that bankruptcy is the best option but it should be looked at.
Thanks
John
Alabama Consumer Protection Lawyers thank you for reply on me thank you for your time I really appreciate you taking your time to help us.
Sometimes best for someone the is on this type of situation is to look for someone like you sir. But is a problem is not to many places where you can get the legal help that you need. Most of this office’s they want something that you don’t have that is money. If you go to court most of the time if you don’t have someone to represent you. I know a lawyer when to law school pay for it but the problem is to get the one the is really going to help you and give you the best advice depending on your case. This is the reason is not to many like you thank you 🙏.
Hey...thanks for 'Dr. Phil' presentation of NOTHING!Just endless monologues of 'maybe this...maybe that...best thing is get a lawyer!'(this entire 'Posting' is nothing more than a 'clever subterfuge' of "I'm a lawyer, in Alabama, getting free advertising forever on 'Tube!)
Gerry, I'm sorry you found no value in it. I've suggested to many people in Alabama who have been sued that they handle it on their own. Here's a video where I go into a pretty good amount of detail about how to do this on your own. ruclips.net/video/QsCW3-9xM8E/видео.html Maybe you'll get more value from this one.
If you are handling a case on your own, best wishes and let us know how it turns out. I love hearing from people who beat these debt buyers on their own. It can be done (at least in Alabama).
John Watts
Considering you want to 'present' information of value...it would be helpful if you described the pro-forma generalities involved in what is essentially a civil-suit regarding a 'redress of grievance' from a third-party...against whom no 'grievance' exists a priori to acquiring a debt.The 9th.Circut Court of Appeals and SCOTUS have both rendered decisions that while 'anyone can sue anyone for cause'...there must exist a 'continuity' to establish 'harm/damage' etc. from whatever legal entity is being sued.(no 'third party' can use a Court to intimidate a defendant into a scenario of 'debtor's prison'...although a Court will not sentence directly, it's inherent mandate of 'Comply to the Court's order of payment or else jailing will result' is in fact an implied threat) YOU should make people aware from 'get go' that a 'Summons' does not mean 'it's all over for you...these smart lawyers have 'the fix in' already and all the rest is 'window-dressing' of 'legalese'. (I will appear in Court at 9am today in Hardin County...and 'Crown Asset Management' seems completely oblivious to three facts: I have no legal 'tangible assets' in my name...my sole source of income is Social Security Disability...and I'm related by blood or marriage to 90% of the residents of Hardin County!) "Courts" here DO NOT 'favor outsiders' from Chicago 'telling them what to do' given that they are regarded as 'Yankees' here...and judges must have 'votes' to remain 'judges'. Get the picture?
Thanks Gerry. Unfortunately, I believe your interpretation of the 9th Circuit and US Supreme Court decisions does not work in Alabama state courts.
Those decisions (Spokeo, etc) discuss having a concrete injury to get the doors of federal court to open.
That has no application to Alabama state courts where these suits are filed.
I hope I have made it clear that just because some debt buyer sues, does not mean they will win.
We have beaten these guys countless times and so have pro se folks we have guided through the process.
So it can be done.
But these are real cases and the judges in Alabama will evaluate the evidence and make a ruling.
I hope you will succeed where you are -- not sure if you are in Kentucky or Texas or TN but I do wish you the best of success.
John Watts
Illinois...'case dismissed w/o prejudice'...(judge ill, no Court today) 'Monetary damages awarded amount of $00.00', Court costs $00.00.(does this mean I can celebrate? No. Does it mean I now possess a 'res' of sorts from the Court which is not inclined 'favorably' toward the plaintiff(s)? YES!) In the instance of the examples I wrote (9th. Circuit & SCOTUS) they have a direct bearing on me personally...no Local or State decision can 'over-ride' a Federal mandate of "A plaintiff cannot 'show cause for redress' involving Soc. Sec. payments...that same mandate applies to ALL of your potential clients who receive those payments...'earnings' or 'assets' above Federal payments are not included in the mandate.* (*as of 2013) (even the IRS cannot 'seize' an entire payment...a payee must receive at least $750 of each payment,regardless of what assets they possess...this same ruling applies to defaulted 'student loans' and other 'Treasury Dept.' offices) As far as the original debt I owe "Capital One Bank", it has become 'moot'...despite my efforts to pay them in installments if only 'they' would restore my credit-rating to nominal-level and was flatly refused (in this instance I am the 'aggrieved party', since my credit was automatically revoked after a 'bank routing error' was not corrected despite my giving them new account #'s for my checking account from the former 'Area State Bank' to 'Banterra Bank'...my 'credit-worthiness' had been permanently destroyed by their actions) I was so enraged by these events...I simply ceased paying them...a 'quid pro quo' on my part. It was the only mechanism available to me for 'redress of damages' since according to the law and 'Capital One' they are 'non mea culpa' with respect to my 'credit-rating'.Now comes something called 'Synchrony Bank' a legal entity that exists in name only...along with a 'P.O. Box #' in Jupiter, Florida. (I will NEVER pay any of these 'fun-house mirror' legal-fictions a damned nickel...come what may) Some other 'Agency' has been calling my house for two-years...something called "Portal to Recovery" and I assume they too 'want in on the deal'...except there is no 'deal' to be had.
Glad the case was dismissed. At least here "without prejudice" means they can sue again (if within statute of limitations) but still it is ALWAYS good to see a dismissal.
The company calling you may be Portfolio Recovery out of Virginia -- if so they do sue a lot so beware of that.
Best wishes...
John Watts