11 tips to win your debt collection lawsuit in court

11 tips to win your debt collection lawsuit in court

Discovery
Disclosure and discovery
Depositions - sworn testimony
Interrogatories - written answers to questions
Request for production of documents
Information about what the claim is based upon
A "charge off," or summary of where the debt stopped being paid off
Payment history
Balance statement
Bill of Sale - if the collection involves a debt buyer/assignee.
Show up
Theory of the case - how you’re going to win.
Pretrial conference - Rule 16(c) FRCP
Meeting between parties and judge.
Discuss schedule, content, ADR, summary judgment.
Consider keeping a trial notebook
Documents filed in court
Info about parties.
Witnesses
Evidence
Get it.
Organize it.
Follow your court’s rules to submit it.
Judge trial or jury trial
Default is a judge trial
Rule 38(b) requires you to request a jury trial.
7th amendment provides the right to a jury trial in civil cases over $20.
If you’re being sued for that toaster you bought for $19.99, sorry, you’re SOL.
Anatomy of the trial. Can be called a hearing.
Opening statements
Plaintiff makes their case
Burden of proof is on them.
Defendant makes their case
You may only need to cross examine their witness
Ask permission before presenting evidence.
Closing arguments
Jury instructions
Jury deliberation
The judge may present a decision at the end of the hearing or issue a written decision later.
The junk debt collector will call a witness.
It will be over the phone
It will be a rep for the debt collector,
The attorney will walk them through the debt
Cross examine them by asking questions to show they don’t know what they’re talking about.
They never have a witness from the original creditor.
The debt collector doesn’t have any independent knowledge about the debt.
Don’t ask questions you don’t know the answer to.
Ask leading questions.
Ask these questions
Did you review the documents and exhibits that you just testified about?
Yes
When was that?
An hour ago
Did you ever look at them previously?
No
Have you ever worked for the original creditor?
No
Did the original creditor ever teach you on how they keep their records?
No
Prior to your testimony did you contact the original creditor to confirm the amount owed?
No
Have you ever seen or read the bill of sale for the debt?
Has the bill of sale been disclosed in this case?
General tips for the hearing
It’s long. Plan on being at court for most of the day.
Know where you’re court is so you’re not late.
Have all of your evidence ready
Dress to impress. Don’t be a scrub.
Generally, you need to be represented by you our your lawyer only.
Arrive early.
Prepare for airport-like security.
Eventually your case will be called. Stand and identify yourself. Ask the judge or the security guard where you should stand.
Refer to the judge as “Your honor”
Do not interrupt other people, especially the judge.
Have fun!

[Mike-inmg]

** Update: Today I had my hearing for motion to dismiss and compell arbitration, the plaintiffs (LVNV Funding) didn't show up for a second time on this motion after showing up and requesting mor time to file an opositon to the Arb, and also didn't provide their oposition documents to me as instructed by the court. The judge was not happy, and I reeminded the court this was the 3rd time they hadn't shown up for something and here I am paying to file motions and compell documents and arbitration-self represented I said? He DISMISSED the case with prejudice for non participation! This guidance works! It can be super stressfull going through it, but you just have to stay the course and be strong. Stick it to them consumers!!!!

[Jatin]

Tip No. 11 was most helpful for me! On a serious note, I just discovered your YouTube channel yesterday. Reading is one thing but watching someone talking to you as a beginner, hits differently. Thanks a lot.

[Mike-inmg]

George thank you for what you do! I won today because I gained confidence and knowledge watch your videos and doing research. I hope more people come across this channel and fight these junk debt buyers.

[eddykrug]

Thank You George and SoloSuit . I followed all the steps you laid out in your videos and it worked. I was being sued by a cc company for $3200. Had a pretrial on zoom and stated my case to the Magistrate 1 week later I get a letter from cc companies lawyer and the court stating my case was dismissed. So I'm debt free thanks to SoloSuit.
Again Thank you George

[Fjayz]

This video made me much more confident about the trial. Great nuggets on what to expect and look out for. Thanks. I’ll have fun with this.

[MrKsan]

I Love Solosuit and used their program to make my response to the vile LVNV lawsuit that hit me out of the blue. I'm going to fight this because they are in the wrong and I never made a contract to pay them anything. Solosuit helped a lot with this. BIG Thumbs up

[cmorenocm]

God Bless you❤ Blessings and good luck to everyone going through this ordeal 🙏

[juanalvarez]

i can see how this will work for companies like midland or LVN but …is there a different approach when being sued by the original creditor?

[AmberSkies.]

I have a Bank of America creditor, does this process work for them? How would I respond to debt of its from the original creditor?

[Texas_Bricklady]

I am in Texas and the lawsuit was filed in New York I am on disability and cannot fly to NY. Is there a way that I can request a different way to come to court?

[LorenzeWalker]

How can the right to collect a debt be sold if the original creditor writes the amount off and submits a 1099c to the IRS? At that point isn't the amount considered income?

[sheenalemmons]

Excellent practice tips for application in court.

[oratorofdelphi]

You are awesome....so simple and straightforward

[danschaap]

Unfortunately I rarely check my PO Box and missed the the first court appearance because of this. I now have a second court date but I’ve been told in a letter the judge already ruled in their favor. And they have started garnishing my account which I only had $50 in. Do I still have the ability to fight the debt? What is the second court date for?

[Lara]

Hi, What if the summons did not include a complaint attached to it? Where can you find the complaint for the case?

[Icewolf]

I tried to call the Chase bank and ask them to subtract my interest during COVID-19 between 2020 to 2021, but the Chase Bank did not agree, but they told me they will settlement with me if I do not pay at least three month then I will not pay the full debt to the bank, which mean they gave me this advice. However, they did not call me back after three month or more longer, now I have been sued by Chase Bank in California. May I have any chance to win this case due to they asked me do not pay.

[karrimerritt]

Question- they said they served me- they didn’t actually serve me they lied and I have proof. I’m going to mediation soon. Any pointers? Is this a reason to ask for dismissal?
I haven’t received and pre trial documents- I don’t even have the original summons paperwork.
Thank you

[Rhonda]

Ty very much For the cross-examination questions! That is A lot of helpful information.. I'm not currently being sued but I am writing down all your information that you're giving us in this video just to have as a reference If im ever sued.

[TsetsiStoyanova]

Amazing! I would like to apply to work for you

[albuquerqueturkey]

Hey George what if the original creditor sends it to a Law office whos ready to sue you ?Any advice?