Sued by a debt collector -- answers to over 150 questions about being sued in Alabama

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  • Опубликовано: 5 окт 2024
  • Go here to get your free checklist! www.alabamacon...
    This video is designed to be used in one of two ways:
    1. Either watch the whole video -- it is over 2 hours long. :)
    OR
    2. Jump to the part that is most appropriate for your situation. Think of this as a tool box -- you do not have to use everything but we wanted to give you lots of tools (answers to questions) so you could find everything in one place.
    We will list out the questions in this description along with a time stamp but rather than keep the video from you while we do that, we decided to put it online now.
    Hope this helps and let us know what questions we missed so we can update this a bit later.
    Thanks!
    John
    PS -- if you want to start reading the transcript go to www.alabamacon...
    John G. Watts
    Watts & Herring, LLC
    Serving consumers across Alabama
    205-879-2447
    www.alabamacons...
    "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." Our free weekly webinar is here -- my.demio.com/r... -- 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."

Комментарии • 136

  • @mikegeorge991
    @mikegeorge991 Год назад +9

    Thank you for your time, and guidance. You are a great man for helping us out.. Thank you again

    • @johngwatts
      @johngwatts  Год назад

      Very welcome and thank you for your kind words!!

  • @bwalk1993
    @bwalk1993 5 лет назад +15

    Found you through watching Dave Ramsey and though I’m from MI, I find your videos informational! You also seem like an honest, and quality firm. Keep up the good work!

    • @johngwatts
      @johngwatts  5 лет назад +1

      Thank you Bryan!
      Have a great day!
      John Watts

    • @lindaridings1910
      @lindaridings1910 5 лет назад +1

      I was served on April 30th by Winn Law Group . I called and told I was a victim of a scam they sent me the papers to fill out I did not know I had 30 days to respond I got a letter from Winn Group after 5 mo they said they denied my case that I still owe the money was originally 15,000 I payed off all but 2984.89 my husband had leukemia so to afford his medical I stopped paying the Discover Card now they are suing me for the money I live in California , do u know any good lawyer's here ?

  • @DestructionChannel
    @DestructionChannel 4 года назад +20

    watching this one for the 3rd time! Great info and im not even in Alabama!!

    • @johngwatts
      @johngwatts  4 года назад +2

      I hope you are adjusting the speed to make me talk faster! :)

  • @smurk1877
    @smurk1877 3 года назад +4

    Thx John I can finally see my dream to run a business come true again appreciate the knowledge

  • @agent117861
    @agent117861 2 года назад +3

    You Sir are an amazing Lawyer and person! Thank You so very much for sharing this knowledge and for free!!! God Bless You!!!

  • @Fawz01
    @Fawz01 4 года назад +5

    excellent info, in Texas small claims rule 500.4(c) says you can ne helped by an individual not being compensated

    • @johngwatts
      @johngwatts  4 года назад +2

      Thank you Wayne for your comment.
      I did not know that about Texas -- that's very helpful.
      Our judges in Alabama can't allow this so that's interesting that Texas allows help from a family member, etc.
      Thanks again!
      John

  • @Denise6000-cs4mo
    @Denise6000-cs4mo 3 месяца назад

    I am not in Alabama but still found the detailed information in your video to be quite valuable. Thank you--excellent video! 💙👋🏽💯

  • @vapourbile
    @vapourbile 3 года назад +3

    This is a priceless video! Watched it a bunch of times. Some of the best on youtube!

    • @johngwatts
      @johngwatts  3 года назад

      Thanks! Long video to watch more than once. :). Glad you found some value in it...
      John

  • @confidentialprivateusa6519
    @confidentialprivateusa6519 Год назад +2

    EXCELLENT COMMENTARY.

  • @Desminique09
    @Desminique09 3 года назад +4

    A God sent video!!! I’m right here in Alabama.

    • @johngwatts
      @johngwatts  3 года назад

      Good deal! If you need any help contact me and I'll be glad to talk to you about your options. www.alabamaconsumer.com/contact-us/
      Thanks!
      John Watts

  • @michelleg7360
    @michelleg7360 5 лет назад +6

    Thanks for the great advice! I live in Texas. If I lived in Alabama, I’d hire you!

    • @johngwatts
      @johngwatts  5 лет назад +2

      Michelle -- thanks!!

    • @alandoswain
      @alandoswain 4 года назад +1

      Makes me STUDY law😂😂😂😂

  • @jimmyjazz3699
    @jimmyjazz3699 6 лет назад +4

    Great video, thanks for taken the time to share your knowledge. I am in need of a lawyer like you unfortunately I live in Ny.

    • @johngwatts
      @johngwatts  6 лет назад +1

      You are welcome -- I'm sure there are some good consumer protection lawyers in NY. Make a list of questions and then make sure you get reasonable sounding answers as you decide which lawyer to hire or take advice from.
      Hope you have lots of success and thanks for commenting...
      John Watts

    • @anthonycalamari5318
      @anthonycalamari5318 3 года назад

      So what did you do? I’m in NY as well.

  • @bonniej0
    @bonniej0 5 месяцев назад

    I'm in Massachusetts. And I use the coupon method to pay my utilities off and they are all denying they even got it My mistake is I didn't go through certified mail and get a signature and I took copies of them but that's not good enough you know what I mean that was the biggest thing is you have to make sure you can track everything. If she has a homestead there's tax exemptions on that that I haven't been getting for freaking 22 years and I just found everything and I already sent to state tax assessment.
    Most of us are all non-profit! Even just as a homeowner.

  • @xochitllee24
    @xochitllee24 6 лет назад +6

    You answered all of my questions!!! Thank you!

    • @johngwatts
      @johngwatts  6 лет назад +1

      Becca -- you are welcome! I've been collecting a lot of questions over the years. ;)
      Do let me know if you have others and I'll try to answer them.
      Thanks and have a great day!
      John Watts

  • @sylviadizon8872
    @sylviadizon8872 Год назад +1

    Plaintiff LVNV filed a summary judgment stating they have proved there case and want there money .The Judge responded saying he wants more complete documentation including transfer of ownership before granting judgement. What is the transfer of ownership??

  • @mr.cleanone3900
    @mr.cleanone3900 4 года назад +2

    Their suing me for 1g . Imagine how many people don’t show up. I’m fighting this. Just to see what the process is like. I’m on ssdi so I will learn from this. I’ve taken out 2500 dollars loan from those high interest rate companies. Had a bully collector come to my my house. Wrote a letter it’s a signature loan . Do not contact me unless your going to sue me. And do not call my employer. Case closed . I’m looking forward to the court date .

    • @johngwatts
      @johngwatts  4 года назад +1

      Good deal. Make sure you are protected as far as your assets, etc. and then study how court works with your judge.
      Hopefully you will kick these guys around in court.
      If you do, remember to check your credit report to see if they are reporting accurately or not.
      Best wishes!
      John

  • @carlosz9553
    @carlosz9553 3 года назад +1

    Great video, very well explained, I have watched multiple times definitely I would get an attorney

  • @ComfortLining
    @ComfortLining 6 лет назад +8

    You're just amazing!!! 🤗

  • @tomr1961
    @tomr1961 5 лет назад +5

    Really informative videos, thank you. Question My wife is or was being sued. A debt collector was suing for 9700.00 dollars, but then at some point, the suite is now under the Hospital Billing office. We went to the hearing and there was no final judgment because the amounts charged and paid amounts were not certain. We are not sure who even owns the debt? Very confused.

    • @johngwatts
      @johngwatts  5 лет назад +2

      Tom,
      Thanks for your kind words.
      Did the case get dismissed or is the lawsuit still going?
      That would be the starting point -- figure out if there is a lawsuit or if it was dismissed. If dismissed, was it dismissed WITH or withOUT prejudice? (WITH means can't sue again. WithOUT means they can sue again -- like they never sued you before).
      Also check credit reports to see what the hospital or collector is saying is owed.
      Finally, I would definitely get with a consumer lawyer in your state to see your options. Medical billing is a bit confusing which can be a good thing as if the company suing you can't get the numbers straight, the judge may rule in your favor. Everyone, including judges, find medical billing to be confusing and contradictory.
      Best wishes!
      John

  • @TurtleIslandLady1999
    @TurtleIslandLady1999 5 лет назад +1

    If there has been a judgment rendered and later fraud can be proven, it doesn't matter if it is 10 years from the judgment rendered, a void judgment can be filed. There's no statue of limitations on fraud.

    • @johngwatts
      @johngwatts  5 лет назад

      Dee Dee -- yes sometimes. But it depends on what we mean by fraud. Two competing interests the courts look at.
      First, they don't want bad judgments.
      Second -- once a case is over the case needs to stay over. We don't want folks in a car wreck case after they lose saying, "Now I have a witness and the defendant I sued lied." Court will say, "Too late."
      Now if you are not "served" then time doesn't matter although you need to act quickly once you find out about the judgment.
      But with fraud, it needs to be major to overcome the "finality" consideration I mentioned above where courts want cases to be over.
      Thanks for your comment.
      John

  • @cristinabrudasca4106
    @cristinabrudasca4106 6 лет назад +7

    A lot of great info thank you

    • @johngwatts
      @johngwatts  6 лет назад

      Thank you very much and glad it is helpful.
      John Watts

    • @amieevans4665
      @amieevans4665 5 лет назад +1

      help the treasury dept is taking money out of my ssdi check.for some student loan.I was not informed of this except by the ss office when I called to see why my check went down..they sent me copies of what the debt was for only it really doesn't say just student loan debt no total..so I called the treasury dept and they're not handling it its going thru some collection agency and when I called them they can only tell me how much that its was a consodations loan from 1994. but not to who what school or anything and that its shown in default..when I asked them to send proof of the loan with my signature they hung up on me..and I'm in Alabama..but they are not they're in pensilvania..And no I don't have money for a lawyer I can barely pay my rent..what can't I do?

  • @oxtharhino9784
    @oxtharhino9784 3 года назад +2

    you should have time-stamped the video man. this is good information but folks have no way of jumping to what applies to them because theres no timestamp

    • @johngwatts
      @johngwatts  3 года назад +1

      Good point -- I'll see if my video person can time stamp it.

  • @lowrider5717
    @lowrider5717 2 года назад +1

    Between doing a deposition and trial and having to answer questions I don’t see how you can ever win!

    • @johngwatts
      @johngwatts  2 года назад

      Just because you have to answer questions does NOT mean you will lose. They could ask you 100 times if Midland Funding (or whoever the debt buyer is) owns the debt. You have no way of knowing.
      My strong advice to you is to get with a lawyer in your state to look at this and let you know if you can win on your own or if need a lawyer, etc. www.consumeradvocates.org/find-an-attorney is a good place to start.
      Best wishes
      John

  • @VictorGonzalez-df8io
    @VictorGonzalez-df8io 5 лет назад +3

    Ever thought of doing a Pod Cast ? You should do a Podcast , It will be very beneficial for all

  • @graymatters6155
    @graymatters6155 9 месяцев назад

    If you haven’t responded to any of the documentation during discovery, and they have filed a motion for consent judgment, on the date you are scheduled for court, does that mean you’ve already lost? Because you haven’t sent papers you were supposed to or requested anything from them? Or can you still hopefully make these arguments on ownership of the debt clarification on the day of court before default judgment is ruled upon?

  • @mikew1507
    @mikew1507 4 года назад +2

    On the day of my trial in Justice Court, if I talk to the PRA lawyer in the hallway before trial begins, can I ask that he show me the documents he plans to present as evidence before offering a settlement value? Also, if we proceed to trial in front of the judge, and the attorney starts presenting the evidence, can I ask for a moment to look over the documents? Can I even ask the judge for a continuance so I can have time to examine the evidence that was presented?

    • @johngwatts
      @johngwatts  4 года назад +2

      I'm not familiar with Justice Court but I assume that is a small claims type of court. In Alabama small claims, you can always ask to see the evidence and normally the lawyers will show that to you.
      Most judges will let you take a moment to look at the documents and you can ask for a continuance. Really depends on your judge. One reason why I recommend folks go watch (if possible) their judge handle cases so they get a feel for how their judge handles things.
      Best wishes!
      John

  • @zionequitygroup107
    @zionequitygroup107 5 лет назад +3

    Great information

  • @bonniej0
    @bonniej0 5 месяцев назад

    So I found bankruptcy and Wells Fargo never recorded any of my payments every for 7 years now and they're not allowed to judge your motives moving which I have a court order that says I don't owe anything don't worry about it I'm not responsible for it and this new land is still pretty all the time 40:19 40:20 40:20 40:21 40:22 40:23 40:23 40:23 40:24 40:24 so I think my banks are really been breaking a lot of rules.
    I FILED IN 2017 CHAPTER 7 AND IT WAS FOR 7 YEARS TO STAY ON MY CREDIT CAN THEY JUST SWITCH IT TO KEEP IT ON THERE FOR 10 YEARS NOW? I HEARD THAT THE LIMITS WERE DROPPED AND NOW I'M HEARING THAT IT'S 10 YEAR,

  • @ramiroleal7589
    @ramiroleal7589 6 лет назад +4

    Great information video!! .. several questions: what about if the credit card company and the collection agency are the same company? Then they would not have problem with the validation of the debt? Or CC company's must sell the debt after 6 month charge off? Thanks

    • @johngwatts
      @johngwatts  6 лет назад +3

      Ramiro,
      Thank you for your comment.
      I have never seen the credit card company and the collection agency be the same.
      A credit card company does not have to send out its debts to be collected.
      So if you get a collection type letter directly from the credit card company, you are right -- there really is no formal "validation of debt". That happens when the FDCPA (Fair Debt Collection Practices Act) is involved. The FDCPA does NOT apply if we are talking about the original creditor such as the original credit card company.
      And to make sure I answered your question about 6 months -- a credit card does NOT have to sell the debts after a 6-month charge off. Some do and some don't -- it is their choice.
      Hope this helps and I wish you the best!
      John Watts

  • @latachia_2981
    @latachia_2981 3 года назад +1

    If I was working & Covid 19 came along & job ended, & the judgement was on the paycheck from the job, can they go after my bank account ?The only money in the account now is from Social Security. I'm not going back to work. I'm 70 years old.

  • @iastate11
    @iastate11 3 года назад +2

    Great advise!

    • @johngwatts
      @johngwatts  3 года назад

      Thank you for your comment -- hope the video helps!

  • @marlonbrown7112
    @marlonbrown7112 3 года назад +1

    If I have a credit card account in collections from a debt buyer, can I ask for arbitration according to the original credit card account arbitration agreement? What if the debt buyer doesn't answer the arbitration request? Does the collection process stop, and am I free from the collection process for that account? Lastly, do I have the right to request the removal of the negative account from the credit bureaus?

  • @mosesjohn2104
    @mosesjohn2104 4 года назад +1

    What would happen if the plaintiff doesn't have any contact or agreement with my signature from the original owner of the debt?

  • @hgw6527
    @hgw6527 5 лет назад +5

    Hello Mr. Watts, what should i do? A third party collection midfunding is suing me and they have a paper that says proof of sale and also a paper that says my account statement should i still fight them in court or just settle with them?

    • @johngwatts
      @johngwatts  5 лет назад +6

      Hony,
      You have to know if what they have is good enough or not good enough in your court.
      Some states (and some judges) bend over backwards to help the debt collectors.
      Others are right down the middle.
      And there are a very few judges that slant the rules against collectors.
      Makes a huge difference on what you do.
      I think the best is always to get with a lawyer in your state who does this to give you the lay of the land. And if you handle on your own, go to court and watch your particular judge. It won't tell you everything but often you can see what type of judge you will have.
      Best wishes
      John Watts

  • @taekwondogrrl
    @taekwondogrrl 4 года назад +3

    Thank you for
    This information in times of hardship.on the credit report will there be a date next to the debt collector when it was time stamped.

    • @johngwatts
      @johngwatts  4 года назад +1

      I'm not exactly following your question.
      Are you asking on the credit report will there be a date for when the debt collector starting collecting? Usually this is under the "open date" on your report.
      Or did you mean something else?
      Thanks
      John

    • @taekwondogrrl
      @taekwondogrrl 4 года назад +1

      Alabama Consumer Protection Lawyers thank you. Question answered. I really appreciate all that you do. Please open a ca office soon.

  • @stusutclif1930
    @stusutclif1930 6 лет назад +3

    Great video Mr john..I watched the whole thing.. What is your opinion on filing a sworn denial?

    • @johngwatts
      @johngwatts  6 лет назад +1

      Stu,
      Thanks for the nice comment.
      A sworn denial is usually (in Alabama) used in context of a "sworn" claim or "verified" claim. Where an affidavit is attached to the lawsuit.
      It is not often used but if you file your own answer, you could always do it as an affidavit where it is notarized.
      I don't know that I have ever done that -- just hasn't been necessary -- but I don't see any harm in it.
      Let me know if that answers your question and again thanks for the comment!
      John Watts

    • @stusutclif1930
      @stusutclif1930 6 лет назад +2

      Thank you for the reply. What a swell guy!

    • @4uhDamagecase
      @4uhDamagecase 5 лет назад +1

      Stu Sutclif I'm still very new to all this, but my question in regard to a sworn denial is this: in the course of the suit, if the plaintiff successfully proves their case against you, they provide sufficient evidence for the court to conclude that you owe a debt, they own the same debt and it was acquired properly, couldn't you then be charged with perjury? It just seems like a risky move unless you're absolutely positive that the plaintiff isn't bringing sufficient evidence against you, which it is my understanding that they rarely do or even can in most cases.

  • @bonniej0
    @bonniej0 5 месяцев назад

    I was taking to court by Midland and I won I didn't even go to court I told them I was judgment free because I'm on social security and there's a 225 a week exemption in our state so that's like not making anything they can't touch the first 225 you make every week so I'm judgment free as I told them so they didn't even go to court and we had the court date and then the judge said dismissed and he specifically wrote it at the bottom Bonnie you are not responsible for this Don't worry about it you don't have to pay this this is not your bill or whatever so I sent the court judgment to the credit companies and they still have Midland on there and they didn't take them off in Midland is still reporting I don't know what to do it's totally illegal what they're doing cuz I don't owe them anything

  • @DJ-zj4fb
    @DJ-zj4fb 4 года назад +2

    I really learned a lot from all your videos. Could you please recommend or refer an attorney in South Florida more specific in Palm Beach County?

    • @johngwatts
      @johngwatts  4 года назад +1

      Thanks for your kind words! I don't know anyone specifically there but try this and you can narrow it down to your area: www.consumeradvocates.org/find-an-attorney
      Hope that helps!
      John

    • @Liannet.b
      @Liannet.b 4 года назад

      D. JOY were you able to find someone in South Florida? Im searching as well. Thanks

  • @pachukonight
    @pachukonight 3 года назад +2

    I got sued for $5000 for a credit card and I make 750 on payment then I call them and told them I want to settle and I’ll pay them 3500 so we can close . But they added another 2000 dollars on top for court crap and they want more money . They don’t want less then 5000 even tho I already give them 750 . They not helping to settle much .

    • @johngwatts
      @johngwatts  3 года назад +1

      Yes its weird in these challenging times the debt buyers seem to be wanting MORE money when they sue. Be one thing if they were good at proving their cases but......

  • @seannewoods2296
    @seannewoods2296 4 года назад +1

    Awesome information. Thank you. I do however need to know if after filing a response objecting to a summary judgement, can LVNV sue for slander if I show that they have been sued for unfair collection practices in the state of New York? I fought Midland Funding and the case was dismissed, but now am helping my friend who is ill. LVNV is puting her through the ringer! I am hoping the response to a summary judgement requeat is in the correct format. I'm a little nervous that I may brought some information in that hurts the case for her. LVNV was an Hour late to the PTH. They requested discovery interrrogatories before the PTH and I went ahead and answered them objecting to most of the questions because they were too vague, then requested they produce documents showing that she had a signed contract with LVNV. They were 27 day late in answering the request and the judge ordered them to comply after allowing them to continue with the PTH over the phone. They filed copies of the statements which I objected to since they were the originals from JCP, and the affidavits of the chain of ownership which were dated differently than what representatives stated from JCP, Sherman, and Resurgent, stated upon calling them. The last four digits of the account doesn't match what is on the card, and LVNV out an unknown aka on the case, which I objected.to. I would just hate for her to be sued for slander after all of this.

  • @hobbylobby1348
    @hobbylobby1348 7 лет назад +2

    Your home is not homestead exempt? They can remove you from your house for owing them?

    • @johngwatts
      @johngwatts  7 лет назад +2

      In Alabama you have a very small "exemption" so if there is a judgment, your home can be sold in a sheriff's sale. Othe states can have different rules. But in Alabama it is certainly possible to lose your home to a judgment as crazy as that sounds! John Watts

  • @latachia_2981
    @latachia_2981 3 года назад

    Long video, but worth watching!

    • @johngwatts
      @johngwatts  3 года назад

      Yeah it went a bit long haha. Glad it was worth it -- I really made this for folks that wanted to see from A-Z about being sued in Alabama. Next time I'll break up a super long video. I think I lost my voice by the end of this one. ;)

  • @TheOne-ry6mt
    @TheOne-ry6mt 5 лет назад +2

    Just subscribed and will be checking out your videos! If I'm disputing negative items on my report online (which I know isn't recommended) I was wondering if a debt has been validated by a creditor or collection agency, will continuing to dispute this validated debt over and over ever yield the result of getting the item removed?

    • @johngwatts
      @johngwatts  5 лет назад +2

      Travis,
      It can. The other possibility is the credit reporting agency will say the multiple disputes are frivolous so you have to be careful about that.
      If the information is false, then after a few disputes I would look to sue.
      If it is accurate seeming, then look very carefully to see if any item is incomplete. That can give you a basis for disputing again -- I would try to be as specific as possible in your dispute.
      Best wishes!
      John
      PS -- thanks for subscribing!

    • @TheOne-ry6mt
      @TheOne-ry6mt 5 лет назад +2

      @@johngwatts Thank you!

    • @TheOne-ry6mt
      @TheOne-ry6mt 5 лет назад +2

      I also have a child support areer on my report. If I pay it off will it ever come off before the 7 year mark? If you have time to answer this I appreciate it.

    • @johngwatts
      @johngwatts  5 лет назад +2

      Travis the way YT does these comments is a bit confusing -- or maybe I just missed your question! Either way sorry for the delay.
      As soon as you pay it, I would ask for an order from the court or whatever entity keeps up with it and then send to the credit reporting agencies.
      If they won't update it, ask them to delete it.
      That can be a way to get it off sooner.
      Hope that helps!
      John

    • @TheOne-ry6mt
      @TheOne-ry6mt 5 лет назад

      Thank you!

  • @servingourlord
    @servingourlord Месяц назад

    i got an admissions request. how do i answer this? there are no facts which form the basis of any defense in this action

  • @nowbacktoourshow
    @nowbacktoourshow 3 года назад +2

    What if I’ve paid the debt in full including legal fees after being served the summons?
    Now what do I put on the answer form? Will I still have to go to trial?

    • @johngwatts
      @johngwatts  3 года назад +1

      If you have paid everything requested, there should be no need for a trial. The case should be dismissed. I would suggest getting with the lawyer who filed the case to see if they are going to dismiss it.
      You could put on the answer what happened that you paid this but normally as soon as you pay the lawsuit is dismissed.
      Check with the collection lawyer and I think they'll give you the game plan going forward.
      Best wishes
      John

    • @nowbacktoourshow
      @nowbacktoourshow 3 года назад +1

      @@johngwatts Thanks John,
      I contacted the collection lawyer who confirmed debt is paid in full.

  • @GermantownFamily
    @GermantownFamily 6 лет назад +2

    What if the collector is a representive not a buyer?

    • @johngwatts
      @johngwatts  6 лет назад +3

      At least in Alabama, the one suing you has to be the owner of the debt. If just a collector, then they can't sue. They must claim to own the debt.
      Now if we are not talking about a lawsuit, then a collection agency can certainly write or call and then normally the best approach is to send a dispute letter and see what they have to say in response. Here's a sample dispute letter -- ruclips.net/video/29R_VAmtFaI/видео.html
      Let me know if I have missed your question -- thanks!
      John Watts

  • @cerisekarpinski9697
    @cerisekarpinski9697 6 лет назад +2

    Can you call the courthouse & will they tell me if the courthouse has a bill of sale & proof & contract ? because collections sent me a stamped courthouse judgement where I was supposed to show up in 2009 & they sent me this judgement on May 2017? That is 8 yrs past the statue ? Citi bank, Midland Funding & The collections is Mary Jane Elliott? They just started taking my income tax last year~~~~Please Answer.

    • @johngwatts
      @johngwatts  6 лет назад +2

      Cerise,
      You need to get with a consumer protection lawyer in your state ASAP. It may be that you were not properly served and so the judgment may can be attacked.
      As far as calling the courthouse, once there is a judgment it doesn't matter so much what evidence Midland had because a judge said they won.
      I think you need to focus on how the judgment got entered and whether that was proper -- i.e. did you know about the lawsuit, the court date, etc.
      A lawyer in your state who does this type of work should be able to help you figure out your options. Time is of the essence so I would get with someone as quickly as you can.
      Hope this all works out for you quickly.
      john Watts

  • @ramoncaballero530
    @ramoncaballero530 4 года назад +2

    Ghost is a very old debt they are not on my credit report
    But they are suing me any way
    What should I do?

    • @johngwatts
      @johngwatts  4 года назад

      Two different time periods we need to know about:
      Statute of limitations is time to sue you.
      Then there is the credit reporting time limit.
      These are independent. So just because it is not on our credit report does not mean they can't sue. So a company might just choose not to report but they can sue.
      However if the statute of limitations is (for example -- I don't know in your state) 6 years, but the credit reporting time period is 7 years, and if it is too late to credit report, then should be too late to sue.
      Lots of factors go into statute of limitations so I would get with a local lawyer to find out the rules in your state.
      Best wishes!
      John

  • @EdenDali
    @EdenDali 3 года назад +1

    Thank you.

  • @TurtleIslandLady1999
    @TurtleIslandLady1999 5 лет назад +2

    Great video. I have one issue, I can have an advocate to help me if I want to. There is no law that one has to be an attorney. Also, fact, there's no such thing as a law license. All attorney's have Bar Membership cards.
    There is no such thing as an Attorney License to practicelaw. The UNITED STATES SUPREME COURT held a long time ago that The practice of Law CANNOT be licensed by any state/State.Aug 16, 2009

    • @BdeJJG
      @BdeJJG 5 лет назад

      really?? is this accurate let me know.

    • @TurtleIslandLady1999
      @TurtleIslandLady1999 5 лет назад +1

      @@BdeJJG...Look it up. No disrespect.

    • @johngwatts
      @johngwatts  5 лет назад +1

      Dee Dee -- you can represent yourself. But if you represent someone else or give legal advice and you are not a lawyer, then that violates laws and those are valid laws.
      All sorts of other parallels. I can decide how to treat myself for a disease. But I can't write a prescription as I'm not a doc.
      I can't fill a prescription as I'm not a pharmacist.
      Lots of professions have licensing requirements and those are valid.
      John Watts

    • @TurtleIslandLady1999
      @TurtleIslandLady1999 5 лет назад +1

      @@johngwatts.Omg, Hello, I am impressed regarding all the help you've provided in this wonderful video. I am also impressed that you found time to reply. I will research to find where a advocate can present someone if asked. The difference is the wording, represent and present. There is a difference. Let me find where it is lawful to stand next to a friend or family member in court. I was allowed to in small claims court and I got it thrown out. The jurisdiction wasn't there. My friend, could not speak due to medical harm done to her throat. There is no such thing as a law license.

    • @TurtleIslandLady1999
      @TurtleIslandLady1999 5 лет назад +1

      @@BdeJJG...Please overstand. I am not here to discredit this firm. I am not an attorney nor offering legal advice. My comment pertains to me and only me. This gentleman has shown and expressed a great concern for all of us to be sharing what he has. In my studying of law, what he says is accurate and it is he that is a professional. I recommend that we all study to show ourselves approved by God, Himself. Lastly, it also depends on the judge and the case. One has to be granted that opportunity to stand next to another in court. Good day!

  • @Desminique09
    @Desminique09 3 года назад +1

    What if I start making payments with Portfolio Recovery then start to ask them to send me proof that this debt belongs to me. They sent me a statement. Not a contract with my signature on it saying this belongs to me. Should I ask them to prove they own the debt also? what could happen to me if I stop paying them all together? Also, what would be your best advice for me to do. The balance is $470.

    • @drzflyest4
      @drzflyest4 3 года назад +1

      Im in a similar situation they just sent me statements as well what did you do?

    • @davidfaxon3336
      @davidfaxon3336 Год назад +1

      You already told them it does when you started paying it.

  • @lorraineatkinson3117
    @lorraineatkinson3117 6 лет назад +2

    You have great info. I love your videos. Here is my question for you: I have a debt lawsuit against me from a debt buyer. I can't afford a lawyer. I was wondering how to respond to the court and the plaintiff. But here is another thing. I was not served directly, or by anyone living with me. They served the papers to my brother who I used to live with a few years back but he does not live with me. So technically it was not served correctly or legally. Is this correct and how do I respond to this? I have a few days to respond. I appreciate any info you can provide me. Thank you in advance.

    • @johngwatts
      @johngwatts  6 лет назад +1

      Lorraine,
      Thank you for the kind words -- appreciate them!
      If you are in Alabama, give us a call at 205-879-2447. If outside of Alabama, I don't know what the rules are. You'll have to get with someone in your state.
      But assuming you are in Alabama, here are some thoughts.
      It does NOT sound like you have been properly served. I don't worry about it -- I normally just file an answer. ruclips.net/video/_IjHLpq3Q7U/видео.html
      But if you want to respond, you can file a motion to quash service and point out you were not served. The judge may agree and then you'll be promptly served. That's why I don't fight it unless they have a judgment -- then I'll fight the service.
      Hope that helps and like I said if you are in Alabama we can give you some specific advice even if you are doing this on your own.
      Best wishes
      John Watts

  • @ld2107
    @ld2107 3 года назад

    Can they garnish child support direct deposited into a bank account

  • @teresaallen3045
    @teresaallen3045 Год назад

    I live pa working thru freedom choice have creditors harrasment freedom choice being told everything got letter mail Citi Bank homedepo coming after me

  • @alandoswain
    @alandoswain 4 года назад +2

    Gm do you have any sample/ templates for motion to dismiss.

    • @johngwatts
      @johngwatts  4 года назад +1

      Great question -- short answer is No but I do discuss where you can find one, how you can make your own, and why we don't bother with motions to dismiss when we represent clients sued by debt collectors. Here's the video thanks!
      ruclips.net/video/4DqcfQmarVw/видео.html

    • @alandoswain
      @alandoswain 4 года назад +2

      @@johngwatts you pronounced my name correctly lol. Thank you for the quick response.

    • @johngwatts
      @johngwatts  4 года назад

      :)
      Have a good one!
      John

  • @corwin759
    @corwin759 6 лет назад +2

    Question our HOA is sueing us for 1500 and lawyer fees in Arizona. How should we handle this. Thanks in advance and i love your video s

    • @johngwatts
      @johngwatts  6 лет назад +2

      Corwin,
      Sorry being sued. I would get with a consumer protection lawyer (look up John Skiba in Phoenix) as there may be some violations of the law.
      Some (not all) of these HOA lawsuits are somewhat sketchy so it pays to investigate to see if everything is on the up and up.
      Glad you like the videos and wish you the best!
      John Watts

    • @sierria64
      @sierria64 6 лет назад +1

      I am being sued by midland funding. problem is they are serving me and it is not my name spelling is different. and they were never grantor of credit and I feel they are not owned since they never entered into a agreement with me to grant credit. im figinting back its 2800 but still im not gonna sit by.. midland funding never loaned me the money or granted credt and I never agreeded to pay them anything

  • @MsPeacefulmind1
    @MsPeacefulmind1 3 года назад

    Can the things that you mentioned in this video be used if you're being sued by a utility company...?

  • @franklinwilliamson4972
    @franklinwilliamson4972 3 года назад

    Are you licensed in Tennessee? Or can you recommend a great lawyer in TN

  • @alekspenn6754
    @alekspenn6754 4 года назад +1

    Hi! I’ve learned a lot from watching your videos. I am being sued by a collection agency and is about to file my answer. I did a little digging on their claim from the annualcreditreport.com and found out that they don’t have the correct date my account was made and they don’t have my account number but the credit card number. Can i use those as proof i don’t owe them anything? I hope you’ll answer my question and thank you very much.

    • @johngwatts
      @johngwatts  4 года назад

      Any discrepancies or differences can be helpful. Just keep in mind the judge may view some as not particularly important -- i.e. if the open date is off one day.
      With the account number and credit card number are you talking about the debt collector lists it own account number or it is saying in the lawsuit that the credit card number is different from what it actually is?
      I would definitely talk to a consumer lawyer in your state to get a feel for how your judge will treat differences -- www.consumeradvocates.org/find-an-attorney
      Best wishes!
      John

    • @alekspenn6754
      @alekspenn6754 4 года назад

      Alabama Consumer Protection Lawyers thanks for answering! I mean the account number in the lawsuit is not the account number but the credit card number.

    • @Desminique09
      @Desminique09 3 года назад

      @@alekspenn6754 I would also dispute that on the credit Bureau so it may be delete due to erroneous and incorrect information.

    • @dcsconsumerreviews1632
      @dcsconsumerreviews1632 3 года назад +1

      Collections don't report when you opened the account. Account opened is when they took over the debt. Not when you opened.

  • @leilanihodge5691
    @leilanihodge5691 6 лет назад +1

    Is this phone number still active? I called every couple hours from 8 am to 6:30 pm on a Friday and keep getting a recording saying that this Verzon subscriber is unavailable at this time.

    • @johngwatts
      @johngwatts  6 лет назад +2

      Leilani,
      If you are asking about my firm phone number -- I was out of town and my law partner was also. Apparently some problem with the phones happened in our building but it should be corrected now.
      Sorry about that -- its only happened a time or two in many years but it was not a good situation -- hopefully I have years before it happens again. :)
      Thanks for your comment
      John Watts
      205-879-2447

    • @leilanihodge5691
      @leilanihodge5691 6 лет назад +2

      @@johngwatts I hope y'all had a great vacation. I'm sure it was needed and well deserved. 🙂
      The phone was a mobile I believe. I'll try sending a text or leave a message. And thank you for responding.

    • @RussellD11
      @RussellD11 4 года назад

      @@johngwatts HE got a free paid vacation from LVNV Funding LLC ! perks of the business lol

  • @StandFirm24.7
    @StandFirm24.7 3 года назад

    Appreciate!

  • @marilyn4397
    @marilyn4397 4 года назад +1

    Great Don’t you want to visit CO.

  • @jenniferashley99
    @jenniferashley99 9 месяцев назад +1

    People, if you are in over your head in debt...please reach out to a debt consolidation company...best decision I did

    • @johngwatts
      @johngwatts  9 месяцев назад +2

      Everything has pros and cons. Understand whether you are dealing with a debt consolidation loan or paying a debt settlement company money to then go settle your debts. There are a lot of scam debt settlement companies -- make sure you check out reviews and CLEARLY understand what they are going to do. Are they going to give you a magical letter that makes all of your debt disappear but when you read the contract you see they are promising nothing?
      Are they going to hold your money in a third party company and then pay your debts?
      Just due your due dligence before you make any decisions.
      John

  • @ramoncaballero530
    @ramoncaballero530 4 года назад +1

    Can you represent in San Diego California?

    • @johngwatts
      @johngwatts  4 года назад

      If you need to sue a credit bureau or debt collector, I work with some CA lawyers. But if you are being sued, it is best to just get a local lawyer to help you. Email me and I can give you a couple of names -- john@wattsherring.com
      Thanks
      John

  • @anarose7486
    @anarose7486 Месяц назад +1

    Thank you for making this!!!❤🎉 ♿️🎉❤️‍🩹❤️‍🩹❤️‍🩹💪🏳️‍🌈🇺🇸🔥🐈‍⬛🤑🥰🦄🐸📞📣🙏

  • @tterrag1987
    @tterrag1987 3 года назад

    Unless you don't show up and your a lawyer, then not showing up is fine, you can just make an excuse later.

  • @TJray623
    @TJray623 3 года назад

    Your misleading people bankruptcy is the best thing if they are over 10,000 in debt or don't own a house thats the best way or if they do have a house the Equity has to be kind of low talk to a bankruptcy attorney on that one you will see , and with bankruptcy within 4 years you be able to buy a house if you build it back up proper without messing it up again and if you don't file your credit is going to be messed up even longer . I did a 7 best thing i did . I bought a car with in 2 years and a house with in 4 with a 3.6 rate on the house fixed . the car was a little hight at 8 for a year refinance it at I believe 4 .7 and that is a fact I did it . And as far as hiring a lawyer for credit card debt in not sure how thats going to help anyone just saying ? Because 99.8 % no matter what you are going to pay some money back how much not sure but probably what purchases you made hopefully not interest?? And you will have to pay he's lawyer fees if you hire one . But look at bankruptcy if you qualify you won't be sorry your only in court for about 3mins they ask you basically to state your name address .