Oh man, some people are extremely rude in the comment section. I can tell immediately by just looking at you and hear you talk that you genuinely care about people. Thank you Mr. Watts!
its only $299 to file for bankruptcy in new jersey as long as u dont use a lawyer. with a lawyer it costs $1200 and they do NOTHING at all except type up all the work u do and who cares how neat it is. after that u show up in court and the lawyer is there but they do nothing at all so why hire one?????
If all the lawyer does if fill out a form, then I agree with you. I would hope lawyers in NJ provide advice and counsel. We often face situations where its not the form that is important, it is knowing when and what to do that is key. So if, for example, you do your own bankruptcy, just make sure you are following all the rules for the most successful outcome you can have. And if you hire a lawyer, make sure you know what you are paying for. Sometimes it pays to have a lawyer and sometimes it is better to do it yourself. Best wishes! John Watts
Mr. Watts I have been binge watching your videos all day! Fantastic information in everyone of them, thank you! I live in Orange, California and received a wage garnishment to my place of employment for a c/card debt that is 12 years old. I've consulted with 3 attorneys. Their service fees range from $ 1500 to $3800, to help me settle with the collection agency, or file for bankruptcy. No other avenues have been presented. In one of your videos you stated you train other lawyers in other States and was hoping you could recommend a good consumer (credit) attorney in Southern California (I'm in the Orange/Irvine area) that is willing to flight the case and not take the easy way out? This is incredibly stressful and any input you can provide would be greatly appreciated. Thank you for these videos. ( I have learned a lot). May God continue to bless you for sharing your knowledge!
Comedy of errors on the plaintiff attorney's part. 1) They paid MoneyGram to obtain my updated address after I signed up for an online account to SEND MONEY. I'm suing MoneyGram for this. I did not sign up for credit or for a bank account- MoneyGram does not offer these. Yet, they checked my credit and they contacted the plaintiff attorneys about me. 2) I was ILLEGALLY served. Process server trespassed to my door, on a gated, coded, signed "No Trespassing" property. Suing process server and company, and both the gated community ownership and management and I are having server arrested for trespassing. 3) Server lied on court document regarding service, which she signed. Above her name, it stated that she would be committing perjury if she lied, which she did. I am pressing the perjury issue with the court, will hire an attorney if necessary to press perjury charges against the server, who obviously lied. 4) The court clerk, on the final day I had to answer with my denial, contacted the process server by ohone to get her to submit her delivery paperwork. I waited 20 to 30 minutes while the server formulated her delivery report, and committed perjury by backdating it to a week before she wrote it right then. I commented to the court clerk that the ink on her stamp from a week ago wasn't even dry yet, strangely. 5) The plaintiff attorney moved. My return receipt requested certified letter to answer their suit to them somehow got forwarded to their new PO Box, where it sat until the forwarding order expired, then it was returned to me, unopened. The plaintiff attorney skimmed my PO Box address off my denial letter without retrieving it or signing for it, and offered me a 65% settlement over 2 years. They did NOT contact the court to get my address, but they lifted it from my unopened, unsigned for "denial letter." 6) They are suing me from another state. Chances are they cannot operate in my state. But if they can, they have to travel a long way to be in court. 7) My last use of the card was while I had a different State's drivers license. So it goes by that State's rules, not the state i later got an ID in when they sued me. 8) I have not been notified about discovery. The court date is in a week more or less.
Lots of stuff going on for sure. Do keep in mind (#5) that out of state firms will (should) have at least one lawyer licensed in your state. And they often hire what is often called "appearance counsel" to show up (appear) for them in court. These lawyers usually know nothing or very little about the case as they will get the info the night before or morning of the court date. Best wishes John
Bottom line. Trinsey vs. Pagliaro. Summaries written by judges In Trinsey, the court stated that "[s]tatements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment." Summary of this case from Sundsmo v. Calkins In Trinsey, the court stated that: "Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment." Summary of this case from Penn v. Ogg 3 Summaries. You can do this yourself!!!!
Right -- its not the arguments but the facts and law. I've always told folks they have the option to handle cases on their own the only thing is they have to be willing to spend time if not willing to spend money on a lawyer. Like me fixing my car -- I have to do it or pay someone to help me. Best wishes John
Alabama Consumer Protection Lawyers most are oblivious to their basic human rights. I don’t believe you are helping people in this case. Only trying to enrich yourself.
Then the option will be to fight the lawsuit. And you might explain to the collection lawyer your situation -- maybe they would give you a good deal based on hardship. But ultimately if you have no other choice, then fight it. I know consumers who have done this and won on their own. It is hard but not impossible. Best wishes and hope your hardship lifts ASAP! John
I would call the court -- that seems like an awful long time not to hear from the court. Make sure you haven't missed a court date etc. I would call as soon as you can. Ask to speak to the clerk's office they should be able to tell you what's happening with your case. Best wishes John
Hey I have a question. I thought I was being added as an authorized user on an account but I was actually added as a joint card holder I had no idea ! Midland credit is now coming after me I’m willing to take action. I just don’t know how I’m scared and confused
Heather I respectfully disagree with you. Fine if you take this position just make sure you are right about jurisdiction. I see this argument all the time and people are shocked when they start getting garnished, their bank accounts get wiped out or the literally (in Alabama) lose their home to what they believe is a judgment with no jurisdiction. Thanks for thinking about these things and taking the time to leave a comment and I wish you the best. John
Foreign Registration Act of 1938? Read and get back to me. When taking an oath you are considered foreign Read it! Nobody I’ve ever challenged has a Foreign Registration Statement or anti bribery statement. Hence, No JURISDICTION
Not trying to be an asshole, but the law is the law. If we don’t stand for something we fall for anything. I’ve won any case without an attorney. They work with the banks , State and Judges. Why would we hire an attorney??? Definition of conspire....two or more working against....
We don’t need attorneys when we understand common law. Human beings have more rights than fake, straw man. Assumed names. More people than you know, understand their basic fundamental rights. There is no money. Only Contracts. If there is no contract, with two signatures and valuable consideration? There is NOTHING. ALL JUDGEMENTS ARE VOID. That is the LAW! In Trinsey, the court stated that: "Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment."
If you have a judgment, you may still have time to attack that judgment to get it set aside. Very short time period normally to do this so get with a lawyer in your state ASAP. Normally the rule is known as Rule 55 on default judgments. Best wishes! John
Usually you can get a better deal settling with debt collector but it truly does depend. If sued, definitely easier to beat a debt collector (debt buyer) than an original creditor. But if before suit, sometimes it varies -- generally though easier with collector. Hope that helps! John Watts
I don't know -- you should be able to find a consumer lawyer in your city who can tell you. Most states allow garnishment but not all. And the ones that do often have some convoluted rules so best to get advice from someone who deals with this every day in your state (CA). Best wishes! John
Fantastic video!! So much info. Thank you. So many videos on this topic are specifically about a debt collector buying the debt and then going to court and win because they don’t have the original contract/evidence. But my situation is different. I’m being sued by an attorney representing Bank of America. Different animal!!! My question is, if I lose the judgement or they won’t negotiate a settlement, how soon do I have to pay the full amount? How soon will they freeze my bank account? Thank you.
You are welcome! It is a different animal. You may can still win but for most folks the best approach is to negotiate a settlement. Most collection lawyers are very interested in doing this. If you don't settle and lose at trial, you need to know your rights to have the decision reconsidered by the judge. This is often called a Rule 59 motion or a motion to reconsider or a motion to alter, amend, or vacate. (Different states call it different things). Then you need to know your options on appeal. As a practical matter in Alabama, if you lose the original creditor lawsuit there is not going to be an appeal. So they tend to garnish wages, put liens, etc. once your time limit to appeal is over. But you may can still work something out with them on a payment plan. So I would get with a lawyer in your state who knows about dealing with original creditors to get some advice. Best wishes! John Watts
Hi john I’m getting sued by capital one so I checked my credit report and it’s not even on there .. it was charged off but it does not show up up on my credit report kind of confusing..
Anthony, You sure it is Capital One suing and not a debt buyer who claims to have bought from Capital One? If it is Capital One -- and I've seen this -- occasionally there will be no credit reporting. Pretty unusual but it does happen. Also you want to check the date -- rarely do I see in Alabama Capital One suing after 7 years. But it could happen -- so it might be off your credit report but Capital One still sues. Most likely it is much more recent than this and it just happens to be off your reports -- whether by mistake or intentionally. Do get with a lawyer in your state to give you some thoughts -- if in Alabama we can walk you through your options as really only two firms file cases for Capital One and we can help you understand who is suing and why they are suing and what they can likely prove. Best wishes! John Watts
Alabama Consumer Protection Lawyers Yes I found it under the charge off account .. my bad but I am making then prove it ..I don’t go back to court until December..
Oh man, some people are extremely rude in the comment section. I can tell immediately by just looking at you and hear you talk that you genuinely care about people. Thank you Mr. Watts!
You are welcome and thanks for the kind thoughts!
John Watts
Please do a video on the Equifax settlement to victims of the breach that asked for a res judica in exchange for $125
Will do -- thanks for suggestion!
its only $299 to file for bankruptcy in new jersey as long as u dont use a lawyer. with a lawyer it costs $1200 and they do NOTHING at all except type up all the work u do and who cares how neat it is. after that u show up in court and the lawyer is there but they do nothing at all so why hire one?????
If all the lawyer does if fill out a form, then I agree with you. I would hope lawyers in NJ provide advice and counsel. We often face situations where its not the form that is important, it is knowing when and what to do that is key. So if, for example, you do your own bankruptcy, just make sure you are following all the rules for the most successful outcome you can have. And if you hire a lawyer, make sure you know what you are paying for. Sometimes it pays to have a lawyer and sometimes it is better to do it yourself.
Best wishes!
John Watts
Mr. Watts
I have been binge watching your videos all day! Fantastic information in everyone of them, thank you!
I live in Orange, California and received a wage garnishment to my place of employment for a c/card debt that is 12 years old. I've consulted with 3 attorneys. Their service fees range from $ 1500 to $3800, to help me settle with the collection agency, or file for bankruptcy. No other avenues have been presented. In one of your videos you stated you train other lawyers in other States and was hoping you could recommend a good consumer (credit) attorney in
Southern California (I'm in the Orange/Irvine area) that is willing to flight the case and not take the easy way out?
This is incredibly stressful and any input you can provide would be greatly appreciated.
Thank you for these videos. ( I have learned a lot). May God continue to bless you for sharing your knowledge!
Thanks -- responded on another comment. Glad you found the videos helpful and best wishes on your case!
John Watts
Alabama Consumer Protection Lawyers,
Got it. Thank you so much for your reply! Blessings to you.
Thank you, very helpful and much appreciated.
Glad you found it helpful -- best wishes in dealing with an original creditor!
John Watts
You can void ALL judgements
You can request a judgment be void if you have a basis -- primary one is not being properly served.
@@johngwatts If they leave a summons at front door, no one home, and no one signed, this is improper service?
Comedy of errors on the plaintiff attorney's part.
1) They paid MoneyGram to obtain my updated address after I signed up for an online account to SEND MONEY. I'm suing MoneyGram for this. I did not sign up for credit or for a bank account- MoneyGram does not offer these. Yet, they checked my credit and they contacted the plaintiff attorneys about me.
2) I was ILLEGALLY served. Process server trespassed to my door, on a gated, coded, signed "No Trespassing" property. Suing process server and company, and both the gated community ownership and management and I are having server arrested for trespassing.
3) Server lied on court document regarding service, which she signed. Above her name, it stated that she would be committing perjury if she lied, which she did. I am pressing the perjury issue with the court, will hire an attorney if necessary to press perjury charges against the server, who obviously lied.
4) The court clerk, on the final day I had to answer with my denial, contacted the process server by ohone to get her to submit her delivery paperwork. I waited 20 to 30 minutes while the server formulated her delivery report, and committed perjury by backdating it to a week before she wrote it right then. I commented to the court clerk that the ink on her stamp from a week ago wasn't even dry yet, strangely.
5) The plaintiff attorney moved. My return receipt requested certified letter to answer their suit to them somehow got forwarded to their new PO Box, where it sat until the forwarding order expired, then it was returned to me, unopened. The plaintiff attorney skimmed my PO Box address off my denial letter without retrieving it or signing for it, and offered me a 65% settlement over 2 years. They did NOT contact the court to get my address, but they lifted it from my unopened, unsigned for "denial letter."
6) They are suing me from another state. Chances are they cannot operate in my state. But if they can, they have to travel a long way to be in court.
7) My last use of the card was while I had a different State's drivers license. So it goes by that State's rules, not the state i later got an ID in when they sued me.
8) I have not been notified about discovery. The court date is in a week more or less.
Lots of stuff going on for sure. Do keep in mind (#5) that out of state firms will (should) have at least one lawyer licensed in your state. And they often hire what is often called "appearance counsel" to show up (appear) for them in court. These lawyers usually know nothing or very little about the case as they will get the info the night before or morning of the court date.
Best wishes
John
@@johngwatts What about number 7? is there any truth to that? I have another state's drivers license but have lived in my current state for 3 years.
Bottom line. Trinsey vs. Pagliaro. Summaries written by judges
In Trinsey, the court stated that "[s]tatements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment."
Summary of this case from Sundsmo v. Calkins
In Trinsey, the court stated that: "Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment."
Summary of this case from Penn v. Ogg
3 Summaries. You can do this yourself!!!!
Right -- its not the arguments but the facts and law. I've always told folks they have the option to handle cases on their own the only thing is they have to be willing to spend time if not willing to spend money on a lawyer.
Like me fixing my car -- I have to do it or pay someone to help me.
Best wishes
John
Alabama Consumer Protection Lawyers most are oblivious to their basic human rights. I don’t believe you are helping people in this case. Only trying to enrich yourself.
Being sued by lawyer in Alabama for lvnv never heard of them
Vital knowledge!
What if you don't money for any of this option. You are having hardship paying your bills rent food?
Then the option will be to fight the lawsuit. And you might explain to the collection lawyer your situation -- maybe they would give you a good deal based on hardship.
But ultimately if you have no other choice, then fight it. I know consumers who have done this and won on their own. It is hard but not impossible.
Best wishes and hope your hardship lifts ASAP!
John
I got sued in Oklahoma for credit card. I answered and haven't heard back in over two years? What do I do next?
I would call the court -- that seems like an awful long time not to hear from the court.
Make sure you haven't missed a court date etc.
I would call as soon as you can. Ask to speak to the clerk's office they should be able to tell you what's happening with your case.
Best wishes
John
Hey I have a question. I thought I was being added as an authorized user on an account but I was actually added as a joint card holder I had no idea ! Midland credit is now coming after me I’m willing to take action. I just don’t know how I’m scared and confused
Javonta thanks for reaching out -- let's talk by email. I'll be back in emails later today thanks!
The second you hire a liar/lawyer. You give jurisdiction. Otherwise they have no jurisdiction. Don’t be deceived. They all work for the same cause.
Heather I respectfully disagree with you. Fine if you take this position just make sure you are right about jurisdiction. I see this argument all the time and people are shocked when they start getting garnished, their bank accounts get wiped out or the literally (in Alabama) lose their home to what they believe is a judgment with no jurisdiction.
Thanks for thinking about these things and taking the time to leave a comment and I wish you the best.
John
Why do liars never challenge jurisdiction? They have ZERO
Foreign Registration Act of 1938? Read and get back to me. When taking an oath you are considered foreign Read it! Nobody I’ve ever challenged has a Foreign Registration Statement or anti bribery statement. Hence, No JURISDICTION
Not trying to be an asshole, but the law is the law. If we don’t stand for something we fall for anything. I’ve won any case without an attorney. They work with the banks , State and Judges. Why would we hire an attorney??? Definition of conspire....two or more working against....
We don’t need attorneys when we understand common law. Human beings have more rights than fake, straw man. Assumed names. More people than you know, understand their basic fundamental rights. There is no money. Only Contracts. If there is no contract, with two signatures and valuable consideration? There is NOTHING. ALL JUDGEMENTS ARE VOID. That is the LAW! In Trinsey, the court stated that: "Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment."
What if I did nothing , now what . I watched this video too late.
If you have a judgment, you may still have time to attack that judgment to get it set aside.
Very short time period normally to do this so get with a lawyer in your state ASAP.
Normally the rule is known as Rule 55 on default judgments.
Best wishes!
John
would I get a better deal by settling with my original creditor or settling with a debt collector?
Usually you can get a better deal settling with debt collector but it truly does depend. If sued, definitely easier to beat a debt collector (debt buyer) than an original creditor. But if before suit, sometimes it varies -- generally though easier with collector. Hope that helps! John Watts
thank you
can they garnish ur wages in CA
I don't know -- you should be able to find a consumer lawyer in your city who can tell you. Most states allow garnishment but not all. And the ones that do often have some convoluted rules so best to get advice from someone who deals with this every day in your state (CA).
Best wishes!
John
Goldstein Rae
Yes they can. It just happened to me!
Fantastic video!! So much info. Thank you. So many videos on this topic are specifically about a debt collector buying the debt and then going to court and win because they don’t have the original contract/evidence. But my situation is different. I’m being sued by an attorney representing Bank of America. Different animal!!!
My question is, if I lose the judgement or they won’t negotiate a settlement, how soon do I have to pay the full amount? How soon will they freeze my bank account? Thank you.
You are welcome!
It is a different animal. You may can still win but for most folks the best approach is to negotiate a settlement. Most collection lawyers are very interested in doing this.
If you don't settle and lose at trial, you need to know your rights to have the decision reconsidered by the judge. This is often called a Rule 59 motion or a motion to reconsider or a motion to alter, amend, or vacate. (Different states call it different things).
Then you need to know your options on appeal.
As a practical matter in Alabama, if you lose the original creditor lawsuit there is not going to be an appeal.
So they tend to garnish wages, put liens, etc. once your time limit to appeal is over.
But you may can still work something out with them on a payment plan.
So I would get with a lawyer in your state who knows about dealing with original creditors to get some advice.
Best wishes!
John Watts
Alabama Consumer Protection Lawyers Thank you, John
Most times, you haven’t been served.
This is critical to setting aside a judgment -- lack of service (at least in Alabama) means the judgment is void.
John
Hi john I’m getting sued by capital one so I checked my credit report and it’s not even on there .. it was charged off but it does not show up up on my credit report kind of confusing..
Anthony,
You sure it is Capital One suing and not a debt buyer who claims to have bought from Capital One?
If it is Capital One -- and I've seen this -- occasionally there will be no credit reporting. Pretty unusual but it does happen.
Also you want to check the date -- rarely do I see in Alabama Capital One suing after 7 years. But it could happen -- so it might be off your credit report but Capital One still sues.
Most likely it is much more recent than this and it just happens to be off your reports -- whether by mistake or intentionally.
Do get with a lawyer in your state to give you some thoughts -- if in Alabama we can walk you through your options as really only two firms file cases for Capital One and we can help you understand who is suing and why they are suing and what they can likely prove.
Best wishes!
John Watts
Alabama Consumer Protection Lawyers
Yes I found it under the charge off account .. my bad but I am making then prove it ..I don’t go back to court until December..