Should You Avoid Being Served In A Debt Collection Lawsuit? (2022)

If you’re on the verge of being served by a process server in a debt collection lawsuit and you’re contemplating avoiding it, watch until the end of this video as bankruptcy attorney John Skiba tells you his thoughts about avoiding being served in a debt collection lawsuit, as well as some important things that you seriously need to be aware of.

🔥📞 Talk to John now! (Arizona Residents Only) [phone]

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KEY MOMENTS
0:00 Introduction On Should You Avoid Being Served In A Debt Collection Lawsuit?
0:28 Debt Collection Lawsuits
1:05 Is Avoiding Being Served A Debt Collection Lawsuit A Terrible Idea?
2:03 Filing A Written Answer To The Court
3:11 Dealing With The Debt Collection Lawsuit Head On
4:22 Final Comments On Should You Avoid Being Served In A Debt Collection Lawsuit?

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MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.

John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.

🌵🌵🌵🌵🌵 ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.

John offers informational products and strategies for consumers facing serious debt problems - particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.

[BaconTtavel]

NO don’t avoid it! Go to court, use your laws, and WIN!

[jenna]

What if a certified letter was left at my house when I wasnt home to sign it. The post office ripped of the green signature and sent back stating unsigned/, refused

[RWlawFL]

We totally agree with John here. Even though Florida does not allow service by certified mail, once a process server gets frustrated enough trying to serve someone who’s dodging, it’s amazing how often the “find“ the person that they’re looking for, and tell the court they’ve been properly served.

Most of those cases end up in default judgment.

In fact, almost every case I’ve seen where somebody tried to dodge service, ended up in a default judgment, garnishment, and worse.

[Loaferess]

I got a default judgment against me. Never knew I had been sued until my wages were garnished. I was sued four times. The last time I was looking out the window and saw white pieces of paper in the wind in the forest behind my house. Yep it was a summons not even stapled together, taped to my door, put in an envelope nothing. It was three am. If a friend hadn’t died that night I would have never known.

[PBee]

I'm in Ohio. My husband was given a complaint notice which he answered. Now what?

[mikek.]

John, the process server lied on his affidavit for special order of the court that he attempted 4 times to served me at my residence without success. I have a video evidence that he only been at my place twice and the other times never even left his car and just rolled by. I still didn't get anything in mail or posted. Should I tried to quash his fraudulent affidavit??

[ash]

100 % agree ! ... deal with it counterclaim go after them if you put thru a home made mumbo jumbo without a lawyer

[IVORY]

I seemingly have no way out . I got my door banged today . Process Server. I didn't get the paperwork and called them back, No answer but I am sure they'll try again .My problem started a few years ago when I was struck down with Stage 4 Cancer and couldn't work, couldn't pay bills and put on disability .So all of my credit cards became impossible to pay..In an odd way, I kinda wish cancer finished me off .I got a letter for foreclosure the other day but it wasn't final, So I know the paperwork today is unrelated to my home, I don't know what to do, I am kinda accepting that I am going to lose everything and end up homeless . So I am just working up the courage to accept further loss, I already accepted cancer, broken bones, amputation and every other downfall, This is just the finishing . Que sera sera .

[tomineumann]

Do you know anyone in CA that can help me? I’m currently going through the most terrifying time in my life. Safety from predators and getting myself safety moved is # 1. I’m a targeted individual. And it’s nothing I could ever imagined to happen to me. But in any case, I’m asking for a referral for legal advice here in CA.
I would greatly appreciate your help thank you

[briansmyla]

I helped my girlfriend avoid service for months on a personal guaranty contract (global food service corporation sued her for a $4k bill after her business failed due to COVID stay at home orders, which ballooned to $8k with attorney fees and interest), but it finally succeeded even though she was never properly served. Fine, let's go to trial. Two more reschedulings by the court, then the trial date looms. We spend hours preparing a multitude of defenses (our 'silver bullet' is that the original contract calls out a state's courts and laws that is not where she was actually sued). Show up 1 hour early. None of the attorneys present have our case. Judge hears every case on the docket before ours. Nobody is left in the courtroom except for us. When the plaintiff doesn't answer the judge's call, I move for summary judgment in her favor. I'm not an attorney, but our state allows a defendant to designate a representative with knowledge of the facts to appear for them. Judge granted the motion.

We're still within the SOL for the state where the contract was signed, so we're waiting with bated breath to see if they catch on and re-file. Here's hoping that they decide that they have bigger fish to fry, and let this one go. If they do re-file, we are ready with our defenses, which include frustration of purpose. Every business that failed as a direct result of COVID that isn't protected by a force majeure clause should consider raising a frustration of purpose defense if they are sued by creditors. I'm not a lawyer, and this is not legal advice.

[irishwood]

Off topic_ will mission lane sue me for under 600 what’s their mo?

[camillamartz]

I so need your help in arizona. It is really hard to understand or know what to do.

[dudeman]

I've noticed that some of these collection companies bank on volume. I researched their attorneys and found 80% or more of their suits were dismissed... Mine was dismissed for failure of service.

[noneofyour]

Thank You
1 day hospital stay I asked for a list of what was done, they sent me three pages and one of the codes was a pap smear, and I am a 71-year-old man. I know stuff is getting crazy now days but, I have none of those parts. Also, some of the bills sent I have canceled checks for, so I figured that I was dealing with another scam. Also, it's my understanding that medical information can not be released without a signed release that I have NOT giving.

[jasonmccann]

Thank's for the video's John. Long time lurker with some questions. Do you know anything about Resurgent Capitol Services/ LVNV Funding? Are they known for taking people to court, or would they rather settle? What % do you recommend starting at to try and reach a "pay for delete " settlement with debt collectors?

[freeindeed]

Do you have anybody in Illinois that can help me just trying to clean up my credit about 10 grand in debt two different creditors trying to collect both junk creditors?

[drrenard]

Curious, I am bed bound and there is literally no way for me to be served in person and also as I found out here, I cannot accept certified mail due to post-office refusing out of state ID. So there isn't any way to actually give verifiable notice.

[anitacagigal]

Yes! I avoided them and my account was levied. 😔Dumbest mistake ever

[danielmonsalve]

Man, you are losing some weight. Good