How to beat ACCOUNT STATED claims in court in 2024 [Midland, Portfolio, LVNV, Cavalry]
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- Опубликовано: 8 июл 2024
- How to beat the "account stated" claim that's the favorite of junk-debt-buyer and credit-card lawsuits-Florida lawyer Michael Wasylik walks you though what the other side has to prove, how you can respond, and the resources you'll need to defeat the lawsuit.
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to beat debt collectors:
rwlaw.mykajabi.com/crush
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📞 Get Florida help for Florida cases! Contact us here: ricardolaw.com/contact/
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🔧 Want help fighting off small claims lawsuit from junk debt buyers? Call us at 352-567-3173 for a FREE 30-minute appointment with one of our lawyers (MENTION THIS "beat account stated" video!) to find out how we can help you.
Steps to beat an account stated claim:
0:00 How do you beat an account stated claim
1:12 Why "account stated"?
1:41 Three critical things you'll learn about account stated claims
1:56 Four things a plaintiff must prove
4:02 Rendering of a statement.... what does that mean?
6:17 Ways plaintiffs try to introduce that proof
8:21 How to get the judge to believe you
10:18 The main evidence plaintiffs use and how to defeat it
10:51 How to use a hearsay objection
12:57 Five defenses you can prove to beat account stated
17:32 Other things you MUST know before stepping into the courtroom
18:19 Required legal research for beginners
21:02 What you need to do next
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#junkdebtbuyer #accountstated #floridasmallclaims
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📫 Get five sample letters, detailed instructions, and almost an hour of attorney instruction on how to use dispute letters to crush debt collection:
rwlaw.mykajabi.com/crush
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I wish I had seen your video before I hired an attorney to represent me an a small claim law suit against Lvnv.
I wish you had, too.
Thanks for the informative content
We're glad it was helpful!
This was great info
Thanks!
Great information, particularly for victims of credit card fraud. Scammers could take out a credit card in your name and have the statements all online. The victim never even knows this is going on behind their back.
Identity theft is a huge problem. Fortunately, that’s a valid defense to a credit card lawsuit and can also be a basis to have it removed from a credit report.
Hello
This was great. Is there a place to learn all the debt collection legal issues?
Keep watching this channel!
Thanks again for all the information
What is the : attachment " rule in Florida?
They only attached summary of account to the lawsuit. Don't they have to prove that they have the right to sue like proof the debt was assigned?
They don't have to attach all their proof to a complaint.
But you do have a right to demand it in discovery before trial. See this video where I talk all about that: ruclips.net/video/Cl_N_1TRCFc/видео.html
What to do when Plaintiff motions to strike for affirmative defenses not being 'legally recognised and/ or not pled with specificity' . ( Mind you, they are very much so both).
That happens to us on a regular basis especially on larger cases.
The trick is to prepare for that before you plead your defenses. Know what defenses are legally legitimate, which ones aren’t, and what you need to say in order to raise them.
Then when they move to strike them, you just ask the judge to rule on the motion, and if you’re right, then the judge should rule in your favor.
That’s one of the reasons it’s so important to know the law in this space.
Do you do anything outside of Florida in other states? Recommendations for an Oklahoma attorney?
We can't do anything outside Florida. I don't think we have anyone on our list for Oklahoma, but check for someone near you who handles "debt defense" or "FDCPA" cases for consumers.
Are the rules of evidence lax in small claims court in Florida? Do you have to ask the judge /court for permission to request discovery from the plaintiff and that the rules of evidence be applied to your case via a motion?
In order to get discovery in small claims cases, you have to ask to invoke the rules of civil procedure, and we do that in almost all of our court cases (unless we get them dismissed at a very early stage)
Then, in order to actually RECEIVE the information you've requested, you have to know how to follow up with a Motion to Compel and everything that goes into that.
As for rules of evidence, they're *supposed* to apply in exactly the same way although it's very important to know how strictly the judge in your case applies those rules generally.
Does it make sense to send a dispute or debt validation letter to a third party JDB after you have been served a small claims lawsuit or would that make the situation worse?
You can do that, yes, but make absolutely sure you're also handling the lawsuit directly, in order to avoid a default judgment.
If you're in Florida, we can do that for you: ricardolaw.com/contact/
If the credit card company files a claim against you, how much time prior to the court date are they required to have you served with court papers?
If you’re in Florida, about 20 days but there’s no hard and fast rule.
If you’re worried about showing up in court on a date that doesn’t work for you, think about giving us a call.
Do you take customers in south carolina?
Unfortunately, we can't.
Headed to Trial 4/14/22 I am pro se, The Plantiff stated during pretrial no witness will be coming to Trial, So I will be facing the attorney only and they can't be cross examined. The only evidence is billing statements and a Bill of sale from Capital One with NO notary seal or authentication to affidavit. Would I be best to file motion to dismiss due to hearsay rule and lack of authentication or wait for Trial and motion to strike the bill of sale due to no authentication? I fear a motion may give them opportunity to obtain a notarized bill of sale if it gets rejected.
It mostly depends on your judge. In Florida, I usually like to wait until trial to object to the “evidence” they submit but your judge may want something different. Knowing what the judge wants is at least 40% of good lawyering.
I have an account showing up in my report as an open account from CWS/CW Nexus that shows a credit line as a revolving account but it says Charged Off. How can it be charged off but still have a balance that is 136% over the line of credit? Is that correct? I just realized this C/Off account is factoring into my overall credit utilization, no wonder I keep my cards paid off but it’s still showing I have something over the limit. What do I do? Call them and see if they will settle for less and delete? I can’t find anyone with experience with this company.
We haven’t dealt with that company either.
What happens when their statement doesn't match the complaint amount due to payments after charge off?
Sounds like they have the wrong amount and they are suing for the wrong amount. That’s probably a violation of federal debt collection law, that you could sue them for. That assumes you’re in Florida, because account stated may work differently in other states.
@@RWlawFL I requested debt validation prior to the suit. They did not comply but rather filed an account stated claim.
If you're in Florida, give our office a call and let's see if you can sue them so you can:
1. put money in your pocket
2. wipe out the debt, and
3. get the negative mark removed from your credit report.
If you're not in Florida, what state are you in? Let's get you connected to an FDCPA lawyer near you.
I had an account with discover. After I filed chapter 13 and the chapter 13 was dismissed,they proceeded to take money from my bank account without my expressed permission. Is this allowed?
This sounds like a huge problem for them. Have you talked to your bankruptcy lawyer about it?
Question. Why does the debt buyer suing me can't show my full account number? The alleged monthly statements only show the last 4 digits. My theory is that my account is not legally transferred to the debt buyer. That's why the debt buyer doesn't have the original contract I signed on to the original creditor. What do you think?
They obscure account information because most courts have rules about putting full account numbers into the public record. It's a privacy protection.
This has nothing to do with whether the account was or was not legally transferred.
My wife is being sued. I've been doing all the work. Can I go to pretrial or even trial for her by using a power of attorney?
Depends on the law of your state. In Florida, probably not.
how many people would you guesstimate get sued by junk debt buyers in Florida each year?
It's thousands every month. Probably 50-100 thousand every year.
@@RWlawFL
Gees 😮 that’s a lot but then again Florida is the 3rd largest state in the US.
True. It IS a lot and we are a large state.
I'm thinking my defense will be their failure to show through their records that they have a right to collect on the account.
That’s the “standing”’ issue we mention a few times during this video.
What if the debt collector (junk debt buyer) sent a letter with the wrong court date. ( This was a second court date, not the first.) I showed up but I was not on the docket. Court office knew nothing about it and told me the court sends a notice when the date is scheduled (which it was indeed eventually scheduled 3 months later). I personally think the collectors attorneys were trying to get me to settle and sent the letter intentionally. (I have challenged the debt and hearing in a few weeks. Haven't reached discovery yet. I'm wondering if I should mention letter during my case)
If they lied to you about the court date, they’ve broken the law.
Check our newest video for what you can do when a debt collector lies to you about something in court
@@RWlawFL Thanks!. Just went to the video. Coincidently that is who I am dealing with, lol. So just to clarify, this letter wasn't the summons, we had already had that day in court weeks previously and I put in a sworn denial. The letter they sent was for the supposedly second court date. My pre-hearing is next week. If afterwards I think I need counsel I will contact you.
If you’re in Florida, why not give us a call now? We can give you a free 30 minute appointment to talk about your case and decide what your best next move is.
Do we use these possible defenses as affirmative defenses in our answer to the summons. How do we use case laws in a case. While in court, do I tell a judge…. Your honor in case of James vs. James the same thing happen to him soooooo😂.
In the video, we explain the five affirmative defenses, along with the other four items a debt collector must prove.
But this is for Florida, and other states will differ.
Are you in Florida?
@@RWlawFL Yes I am a Florida resident. Is the Account stated (in regards to statue of limitation) from the date that I opened the account- if suing me under account stated. I’ve been reading that if they sue under account stated then it from the time the parties entered into agreement.
Call us first thing in the morning. You'll get better results all around if we help than if you try to do it yourself.
I have question: credit card did a charge off then I received collections notice
They got it paid (IRS) so why would I pay collection agency.
If a debt collector is trying to collect a debt that’s already been paid, they’re breaking the law and you can sue them.