7 mistakes when testifying in a debt collection trial
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- Опубліковано 17 лис 2019
- www.alabamaconsumer.com/2014/...
Watch this video if you are interested in learning what the 7 common mistakes are and how to avoid them while testifying in a debt collection trial.
1. Guessing instead of testifying based on personal knowledge.
2. Answering a question without fullying hearing it.
3. Answering a question without understanding the question as a whole or individual words in the question.
4. Answering a question without first taking a moment to think about the truthful answer.
5. Answering more than is asked -- instead only answer the question actually asked.
6. Trying to outsmart the collection lawyer.
7. Having the wrong courtroom appearance including dress, showing up late, not being respectful, etc.
Thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
www.alabamaconsumer.com/conta... (to send us a message)
Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- 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."
Your video Sir was a blessing. I had a family member that I had to help out . A debt collections Attorney took them to Court . I took your advice and took notes .... Long Story Short . The Collections Attorney requested the court for a motion to dismiss... Key word folks "Purchase Agreement". Never saw one never. Was not even aware that they sold something. To a debt collector.... Keep up the good fight folks just have to go in with some positive thinking.... Don't let them push you around show respect and look them in the eyes and ask them where is your "Purchase Agreement". and where is it that I have signed and seen this so called Purchase Agreement and have agreed to any terms .... These collection sharks are betting that you won't show up for court so they can name their price .... Follow this man's advice and your odds will be good at winning your case .
This man must really be a Saint! A lawyer willing to help you without taking 50% or billing you (more than you owe the debt) Priceless! Thanks.
No saint but hope the video helps if you are in this situation. Have a good one!
Haha! A lawyer named Ron Smeberg in Texas offered (in writing) to charge me $30,000 to fight my $7000 debt without any guarantee. We need to spread the word. Good is good. Bad is bad. Everyone needs to know.
Alabama Consumer Protection Lawyers DSW’s xx f do d
@@johngwattsfirst mistake is saying yes too borrwing the money They are in default of breach of contract with fraud. Well Marcus did you , borrow the money and the wrong answer is yes .
I never have any proof that bank A showed me which bank account they transferred the money to the seller of the property so i can't answer that question
You may be the first lawyer to get thumbs up. :) You must be very successful because you are so willing to help people. Very generous with your time and advice.
:) Thanks!
He does what he says he is going to do!
Great advice,I'm going to court
My dad (murdered in 2014) always taught us kids "Only answer what is asked." He retired from the federal government in Washington DC, it worked for him.
Sorry about your father.
I'm sure he gave great advice to you on a bunch of things but answering what is asked is sure one of them! :)
John
Bless you and your daddy and family. Jesus .
Great advice sir! I appreciate watching your videos! I just had a court case today, represented myself against the attorney for a credit card company. I WON my case today! :D I was prepared and ready, with some evidence against them, however, they didn't even bother to show up for the case, so it was dismissed by the judge! Feels great to fight and Win! :)
If you don’t mind me asking what evidence did you take with you? I’m confused on what evidence I can present 😅
What evidence can I take? I have the same problem with a credit card debt collector. Please help
How much was the debt for?
What was the debt amount?
Many Many thanks , you have given me knowledge that i am so grateful for!! I wish i had watched your videos a year ago!! Truly thankful!!!
You are very welcome Nate!
Thanks for the giving of your time.
Again I have to say excellent video thank you so much for your time!!!
Thank you for this video! Very helpful in my upcoming case.
Very welcome -- good luck!
As always, absolute Gold. 👏👏 Thank you for doing these videos.
You are very kind -- thank you!
John
As always a great video John found it highly informative! My best
James
Thanks my friend!
Very informational and I’m glad you reviewed the 7 mistakes
Glad you watched it and hope it helps!
John Watts
These are incredible pointers. You are the "KING"!
THANK YOU SO MUCH!
You are very welcome!
John
I love this guy. Such a good service.
Thank you. It was helpful and will remember your words of wisdom.
Thank you very much. I appreciate it very much for the information that you have provided.
Very welcome!
Great advice thank you so much for caring enough to share your experience with us 🙏
You are very welcome!!
So glad I ran into your video!!! The first 6:30mins I know will help a ton in my friends case. Things I never even thought about! Thank you for being 1 of the good guys and helping the little guy out.
Very welcome!
This is great advice period. Doing this in your life can help avoid so many problems in your life. Thanx this has opened my eyes to a total different way of doing things.
Thanks for the great advice John.
Thank you!!
Thank you from Florida! Your video here is very very helpful and Thank you for being a decent Human being!
You are very welcome! Thank you for your kind words....
Thank you sir! You seem very knowledgeable and kind
Thank you!
Loved this video another great video John!
Thank you sir!
Thank you
Your advice is priceless. Very few people do that now days. Thank you very much.
You are very welcome -- thanks for watching!
Case was dismissed today, so thank you for your help. Sent certified letter to Midland, attorney, and court. Never got anything from them of course. But trial on Zoom no less today. The plaintiffs never showed up. Judge dismissed. Was ready and did a lot of work thanks to you.
These videos are pure gold to be self represented, thanks..
You are very welcome!
Thank you for such a pleasant answers! Your rare
Positivity is a key to your success!
Thanks for the information
You helped me when my trial came, thank you so much for all of the information.
Do u own a house? Have a 5 figure job? Coz if u don’t, they can’t collect 💩 from you. We own a house(not paid off) and hubby makes $75k a year and his debt is $22,000. They will not take less than $13,500. Citibank hired a lawyer. A debt collection lawyer . They are coming after us .
9:54 It wasn't a silly question at all. You make total sense. Thank you so very much for taking the time to help us out! 👍🏻 It's very literal and we have to understand every question literally thank you!
The idea of law is to first and foremost protect PEOPLE in a predetermined fashion from wrongful actions. The problem with law is it is most times suppositional at best. It all depends upon whom you ask to make a determination. Thanks for the vid. it was informational, and, well laid out.
Thank you for taking the time to help us!
You are very welcome!
@@johngwattsI'm going against a "law firm" debt collector that just withdrew their motion for judgment on me. Now they are trying to ask me questions about owing the debt, do I answer those the same way I would in person? Just "I don't know", they don't even have my full account number. I requested the documents from them, privacy notice, and chain of command because they tried collecting payments from me, they never sent me an agreement in writing they're just trying to get a judgment against me - they're very aggressive. They have not sent me those documents and have put 28 days for me to give them information and bank statements- any advice?
Really appreciate all you do for us.
Welcome!
Amazing advice. Thank you
You are welcome -- glad it was helpful!
John Watts
Excellent content, thank you
Very welcome! MIght want to watch this one -- similar but from perspective of the collection lawyer asking you questions -- ua-cam.com/video/tYsajQ1PPgI/v-deo.html
Have a great day!
John Watts
Thank you so Much!
I was advised by my attorney just to file an appearance & say deny to everything in my answer to the courts. But in the meantime just offer a settlement to resolve the matter. I did just that, but he was adamant that i not send them any money without a settlement offer/letter in writing. So now they are playing games giving me a written letter with the amount they wanted me to pay. The problem is i suppose im not dumb enough to give them my bank account info & prefer to send a cashiers check for the exact amount they offered. This way i can expedite the payment, keep a paper trail & protect my personal assets. So now they are coming up with every excuse in the book not to put it in writing. Well they sure as hell can take me to court for $700 because im not giving them anything until they send me something credible in writing that once i pay the settlement amount the debt is satisfied "paid in full"
I love you you are amazing thank you so much for all of the wonderful tips
You are so welcome! Thanks for commenting....
John
I wish you were in Ky.. You have a good way of explaining things.
Mr. Watts...I wanna thank you for your videos...I got prepared from the answer letter to what to do in court..and ready to act out something first in my 50 yrs..I show up in court and PORTFOLIO didn't...case dismissed!!!!😁..it was awesome...but i was ready and will be for the next one..ughh
Again Thank you..
That's wonderful! Was Portfolio dismissed with or without prejudice?
@@johngwatts oh dang it..you got me on that.I guess I missed where you mention that on the videos or missed the complete video..😔.but thanks for asking cause now I'm gonna go back and ask and of course learn what it means..😁..thanks again
but what all happened with your cass
May God continue to bless you!!!
Appreciate you!
John
Best advice I have heard. Great video
Very informative, thanks
Very welcome!
I’m not going to court without this guy!
I would like to personally thank you for these videos. With your help I studied several took notes and when my civil case went to court today even though it was on a zoom call. The attorney was unable to provide any type of paperwork stating LVNV owned the debt. The case was ruled in my favor. Then I was told by the judge congratulations Mr. …….. you won this one. Thank you again I know this is a year old video but it help me because I would have had no idea what to say or how to respond. Keep up the good work and anyone that comes to me about credit small claims I will be sending them your way
Hi. That’s great news!! I’m going through that now and I go in front of the judge on April and will be defending myself. I wanted to know what else did you ask to win your case? Thanks in advance for any help and suggestions.
@@lilaelise7999 you need to watch his videos on tearing apart an LVNV summons
@@allenpruitt8650 so you got sued by LVNV and Resurgent Capitol Services? I'm going thru a similar situation with LVNV right now. They bought a charged off account of mine that the original creditor refused to let me pay off. I sent Resurgent Capitol Services/ LVNV a "debt validation " letter, asking that they send me proper documentation to verify the debt. All I got in the mail was a letter from PayPal saying Resurgent bought the debt, and all Resurgent sent me was a two year old billing statement. After they recieved the debt validation letter, they continued to contact me for almost a week, and they just recently reported to the credit bureau's this charged off account is a new account, yet its been on my credit report as a charge off for the past two years. I am currently in the process of mailing them a "notice to cease and desist" letter.
Appreciate this video
Very, very well said.
Excellent and very helpful. I will be going to court on credit collector. No money for attorney, needs this kind of help. THANKS
Hope it goes well and see if you can at least talk to a lawyer in your state to get some advice before going to court as each court/state is different.
Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website ua-cam.com/video/UNXO7qheGAc/v-deo.html.
John
Really enjoyed this!!! I've been listening to different videos all day...i subscribed to him earlier...i live in Birmingham and will be filing a 7 i have a garnishment for a car that's from 15 years ago....learning some great info from Mr. Watts and I really like how he's offering knowledge thats free to learn by just listening!!!!
Since you live in Birmingham, consider paying this lawyer. Some things are easier to settle and to handle. Fifteen years ago, a garnishment is terrible but not unheard of with debt collection depending on the state. God bless.
@@mdavis3610 Seams like a statute of limitations would have kicked in. 🤷♂️
Thank you for these gems 💎🙏
Where were you for my 35 years as a legal beagle? Lordy. Excellent. Thx
Being sued for the first time and finding your page has been so helpful. I hope this applies to Michigan… Everything was so helpful and I will follow. Thank you.
Every state has different laws -- I would highly recommend you get with a Michigan consumer lawyer. www.consumeradvocates.org/find-an-attorney is one place or call Ian here -- www.consumerlawyers.com/ian-lyngklip.html
Best wishes!
John Watts
@@johngwatts you are amazing and kind. Thank you 🙏🏻
I'm watching these videos now in case I ever get sued.
Wooooow, very helpful tips. I have a debt collector court date on the 16th of this month. Thank you much appreciated 🙏🏾
How did it go?
Did you win your case?
Thank you!!!!
Thank You
Love this video, thank you.
Very welcome!
John
Great Video!
Thank you!
God bless you man.
thanks!
THANK SO MUCH FOR YOUR HELP. IT DID GAVE ME CONFIDENSE IN MY TRIAL. I CAN'T PAY A LAWYER.
great video!
Glad you enjoyed it and thanks for commenting!
Awesome info!
Thank you my friend!
👍👍👍 great advice thank you,,,
I wish you practiced here in Texas. I could use your expertise.
Thank you -- its on my list but right now I'm a bit buried in lawsuits. :)
thank you sir
Most welcome!
Thank You for your advice. I am going to court in a few weeks. Your appearance and what you bring to court is very important. Once I showed up to a criminal trial with an iPad, tape measure, and other miscellaneous items. The prosecutor dropped the case.
That's fantastic! :)
I love this
Thanks a lot for all the info.
You are welcome!
Well I need to see the documents
Good info, good communicator..between Mr. Watts & Dave Ramsey I'm good to go
Thanks!
Thanks for the tips .. mabey I need a lawyer
This man has convinced me with all my debts it's worth my time to consult with a lawyer.
This has been very helpful. I am being sued by a debt collector. Thjs happened once before several years ago. I didn't answer but showed up for court. At that time, i had a payment plan of $50 a month. I had a little extra money for a couple of months and paid $75 and the company took me to court to permanently change my payment to $75 a month. When i got to court the lawyer headed me off before we went in and convinced me to sign a paper to change my payment so i could avoid going into court. It also tacked on court fees to my balance. It was probably a mistake but i felt really intimidated by him because i had no idea what to expect. This time i am going to make a response to the petition. Does the court usually require the defendant to pay the court fees?
I sit through these trials from time to time. In the few that go to trial, pro se defendants often make the debt collectors case for them. Most are default judgments. (Texas)
Yes great point. Thanks for comments!
John
What do say if they ask you did you pay off the debt but you paid the agreed upon settlement amount? How do you answer that without offering more than what was asked?
I fell behind on some loans and credit cards ever since this pandemic. I take care of my 80 yr old Mom she has dementia and Alzheimer's. I'm from Texas don't know much about the law. I have a collection agency suing me. I have to go to court next month. I received a court letter by mail and not by a constable deputy. I do remember signing a contract with loan company not with a collection agency. We're barley making right now. Sir what would be your advise on this?
Your right
It would appear that I'm the newest/latest to comment herein. Damn good advice you've offered up here and you know that old saying that, One who represents them self has a fool for a client. That holds true in most cases simply because most people want to argue their case when they should except and or acknowledge the allegations address them and do not dishonor the court by arguing with or allowing your emotions to control your mouth for if you do then you loose so don't argue the case just state the facts of the mater, truth and logic usually triumph. Or that's my belief.
This is an incredible video. THANK YOU FOR THIS INFO!!! It has helped me tremendously. Where can I contact you?
Thank you Hadash!
www.alabamaconsumer.com/contact-us/ is how to contact us.
Thanks
John
Do you have any videos on how you handle original creditor cases?
You can take a look at this one -- ua-cam.com/video/NoU78XoIxbk/v-deo.html.
It is harder (not impossible) to deal with original creditors in most situations.
If you have specific questions/ideas for videos I'm happy to add those to our list thanks!
John
Hello John I really enjoy your vids and your website is extremely helpful. I have some questions please, I checked on a case for a lawsuit filed with the court and the remedy amount is different than the amount within the summons papers I was served. (ex. case online with court says $3,505, summons papers "affidavit" says $3,538)
In general can cases be dismissed due to conflicting information? can this case be dismissed? Should I still send an answer to the plaintiff and court? (I'm not in Alabama...unfortunately :))
First I would get with a lawyer in your state -- www.consumeradvocates.org/find-an-attorney
Here in AL that difference would not be enough. Maybe court costs or interest or some other explanation. I would bring it up but I don't think any judges here would dismiss over that.
So I would answer.
Here is a video on answer vs. motion to dismiss -- ua-cam.com/video/8wd_PdQthUA/v-deo.html
Best wishes!
John
@@johngwatts Thanks again for the information! I really appreciate it.
If they ask you a question but you truly don't remember, how do you answer that? Just say "I don't remember?"
Perfect!
That's the only truthful answer so that's how you answer.
Thanks!
John
Great video!! If you file an answer and realize you should have selected the box that deny that you are responsible instead of “I admit that I owe some money but not the total claimed” what should you do?
I would file an "amended" answer where you change (amend) it to what you want to say. Most courts allow you to do this. If I get a moment between meetings I'll do a quick video on this.... John
@@johngwatts i think i need to do this. I had a credit card debt- unpaid for awhile cause of the covid loss of money and I failed to contact them so they sold my debt to midland credit. I called them cause they said in a letter if I didn't pay they'd take me to court and they asked my some questions and I said yes. But looking back i don't believe I owe them anything and they bought my debt to my original credit account so it seems I owe them nothing. How do I make an amends letter? What's it called so I can learn how to do it?
My friend sued a collector company under the FDCPA because the collector tried to collect a false debt, they accused him of a false transaction, however the federal court says that even though they were in default they cannot issue a judgment against that company because he is a not a consumer and is not a collection and there is not a transaction. I read in case law however, that my friend was involved under a non consensual transaction and he is protected under de FDCPA
My apologies for the multiple questions I'm very inquisitive and nervous. I do respect your time and if you can please answer I'd appreciate it.
What if the JDB provides the full purchase agreement including that bill of sale. Will the stance of personal knowledge still stand?
I also have a notarized affidavit included in my summons. At what point can I file a motion to strike that information from the case as hearsay? Due to it being an affidavit from the JDB.
You need to get a lawyer in your state. This generous man is not going to answer all your questions. If you can't afford a lawyer, try legal aid.
@@karlashepperd8037 people get paid on youtube.
Hello thank you. If I a process server leave a note for you to call them to come back so that they can serve you papers in the state of Maryland should you call them.
Does this also apply to medical debt?
Let's say during pre trial hearing on the phone...I agreed this was my debt. Now I have a court date in 12 days. In Kansas the statute of limitations on open ended credit cards is three years. Did I just restart the SOL by admitting that? Is there a way to salvage this or am I screwed? Can they go after my wife for the credit card if she wasn't a user on the card but I used her income information to qualify for it? I am on disability now and that happened after I opened the account. I have been disabled now for almost four years. In that time I have gotten very overweight and outgrew all of my clothes. I can't afford new ones. All I have is sweat pants and top that fit me. I don't even think I can walk from the parking lot to the courtroom and don't own a wheelchair. After watching your video I feel like I'm screwed anyway.
Lived in the great state of Alabama for 30 years. LOVED IT!! Fantastic place to raise a family!!! 💕💕💕 (And Alabamians will understand why I had to say…)
WAR EAGLE!!!
:). Thanks!!
I got to go to court on Jan 8th in mass. Wish me luck...
Hope you win!!
Let us know how it goes.
John
@@johngwatts Will do. Thanks for all of the info. Definitely gave me some confidence...
hey i would like to know about the arbitrary agreement under terms and agreement. can you suggest that as a last option. I know its expensive and most credit card company won't want to go down that route.
It can work if you are sued. Have to show the contract has arbitration -- here is a helpful website -- www.consumerfinance.gov/credit-cards/agreements/
Then you file a motion to compel arbitration assuming you can show you fit the requirements. Sometimes there are exceptions to small claims collection type cases etc.
Some credit card companies may abandon the cause but others will pay -- even when it is more expensive than the case is worth -- just to prove a point that they won't give up.
Never know till you try.
And you do have to consider whether you have a better shot in court or in arbitration.
Great question thanks!
John Watts
The robe is a sign of authority.
John, being sued by LVNV Funding. LVNV sent a Bill of Sale and assignment of accounts from credit one BANK NA TO MHC RECEIVABLES LLC . What does this means
What happened to the original creditor where are they at
I’m in Missouri and my mother was served a summons for me that she didn’t mention is that legal? I do not live with my mother
Hello John, my husband is being sued by portfolio recovery. His pretrial is scheduled for January 27. He consolidated all his credit cards 2 years ago and was always making payments on time until he got diagnosed with stage 3 cancer in oct 2019. It’s only been 2 months since he stopped making payments with the company. Do you know if the judge will have any consideration for his condition. He is still working but his chemo treatments start in late January.
Do you have to answer them on your social security number? If they ask it. I know that is a trick they do. How do you handle that question??
Hey John. I got a summon about a year and half ago. I paid an attorney at that time to pushed out the claim in court until last month that court tried to dismiss the case for lack of persecution. Last week the attorneys from the collection reply to court and the last document that shows on my case is a letter of appearance. It also has a hearing date. The attorney Is charging me a chunk amount just for settlement at 75% and he says they won settle for less. Should I contact the collection agency to try to settle myself? Do I have to attend that hearing? Thank you in advance. Your video was very helpful.
I think some of those lawyers buddy up with the debt collector. 75% and attorney fees you might as well call yourself.
What am I testifying to I really wished I knew I wonder if there's some sort of consumer law
I thought I wasn't allowed to see any documents how do we wind up to testifying