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 .
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.
@@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.
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! :)
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.
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.
Do you know who the law firm was? I’m about to be in a similar situation with an attorney from Weber & Olcese PLC and hoping they don’t show up to the trial due to how small the amount is.
Really appreciate your videos. I was able to win today by not denying my debt... but the technicality that they did not have all the documents. I have to say everyone in the court was surprised (Judge took a recess to review the MD code) and the plaintiff's attorney congratulated me afterwards... What a strange experience for me 😊 I actually liked the plaintiff's attorney, nice guy, and spent another 15 minutes just bs'ing with him afterwards... and while doing so, several people also congratulated me when leaving the courtroom... 2 points, bill of sale not listing specifics... and "Purchase agreement" not provided.
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.
@@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.
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.
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..
@@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
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
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
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 .
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.
@@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?
Had my bench trial today, the plaintiff did not show up, and the judge ruled to dismiss . All I had to do was show up . But I was ready with all the info that you have provided
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"
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.
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!
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.
What happens if the debt collector is also a law firm and has not purchased the debt but is representing the bank taking you to court on the bank's behalf
I requested to the attorney firm representing directly the bank to send me copy of agreement or legal contract that supports they representing the bank, and haven't sent any.
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.
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
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 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)
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
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.
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.
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
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
If the Debt Collector or buyer tells you and the Court (or admits) they purchased the debt and now owns it, what legal right does this debt collector/buyer have to collect a third party debt without a legal binding contract with the debtor?
If a debt collector *actually* buys the debt, then they normally can collect. They step into the shoes of the original creditor in terms of the contract with the consumer. The problem is often they don't prove they actually bought the debt when it comes to court.... 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?
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?
Hi John, I went and watched a case and noticed the judge ask if you want to talk before talking to him. Is it a good idea to talk or just go straight to my case. I’m being sued by midland.
I'm not a big fan of it but if you do, just be careful and be prepared for it. Here's a video that might help -- ua-cam.com/video/BsWwDeRwWRo/v-deo.html Best wishes! John
Jimmy, If the original creditor sues you, then much different situation. But your question suggests it is a debt buyer suing but they are pretending to be the original creditor. That would be a HUGE problem for them in Alabama to lie about who is actually suing. I would press them on this and see who is suing and who claims to own the debt. Do be careful that sometimes the lawsuit will say, "Midland Funding as assignee of Synchrony Bank" -- that's Midland suing not Synchrony Bank. Keep me posted what you find out thanks! John
First thank you for all of the info you provide. I was wondering, If I represent myself and I lose my case, can they freeze my assets or my bank? I don't own anything but could they also garnish my wages?
You are welcome! It depends on what state you live in -- each state has different rules -- on wage garnishment and bank garnishment. I would say the general rule is they can do both but it does vary from state to state. Hope that helps! Best wishes John
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!!!
I was told attorneys are not allowed in small claims here in my state, but the credit card suing me is being represented by an attorney.Do I not have the right to ask questions of my accuser?
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
I don’t know - probably varies by each county. Lots of good consumer lawyers in FL - definitely talk to a few and see what they can do to help you. Good luck and hope you are very successful! John Watts
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.
Thank you so much 🙏🙏🙏 If debt collector win the case against me, will the court ask me to pay the money same time?? Or can I ask more time to pay off the debt??
So basically you make it so they can't make a connection from your previous debt and the company who owns it now by showing up looking good being respectful and answering truthfully and since you have no knowledge about the connect of company x with company y no connections made and they lose.
Hi I just went to court and the lawyer dismissed without prejudice. I have a copy of the filing. Will they be allowed to come after me later. And will I be able to have this removed from my credit report
At least in AL a dismissal withOUT prejudice is like they never filed the case to start with. Means nothing for credit reporting and they can sue again. BUT if you filed an answer denying the debt, see if the debt collector has marked your report as "disputed" -- if not, you may have an e(8) claim under FDCPA -- www.law.cornell.edu/uscode/text/15/1692e "(8)Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed." Best wishes John
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](http://i.ytimg.com/vi/ZyYx7L1EKmc/mqdefault.jpg)
![We TEAR APART a debt collector lawsuit [Midland Credit Management]](/img/tr.png)
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 $7000 debt without any guarantee. We need to spread the word. Good is good. Bad is bad. Everyone needs to know.
Alabama Consumer Protection Lawyers DSW’s xx f do d
@@johngwattsfirst mistake is saying yes too borrwing the money They are in default of breach of contract with fraud. Well Marcus did you , borrow the money and the wrong answer is yes .
I never have any proof that bank A showed me which bank account they transferred the money to the seller of the property so i can't answer that question
You may be the first lawyer to get thumbs up. :) You must be very successful because you are so willing to help people. Very generous with your time and advice.
:) Thanks!
He does what he says he is going to do!
Great advice,I'm going to court
Great advice sir! I appreciate watching your videos! I just had a court case today, represented myself against the attorney for a credit card company. I WON my case today! :D I was prepared and ready, with some evidence against them, however, they didn't even bother to show up for the case, so it was dismissed by the judge! Feels great to fight and Win! :)
If you don’t mind me asking what evidence did you take with you? I’m confused on what evidence I can present 😅
What evidence can I take? I have the same problem with a credit card debt collector. Please help
How much was the debt for?
What was the debt amount?
I went to an arbitration hearing Wednesday and got won thanks to you ! I owed 1200$ in credit collections and had to pay 0$.
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 .
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.
Do you know who the law firm was? I’m about to be in a similar situation with an attorney from Weber & Olcese PLC and hoping they don’t show up to the trial due to how small the amount is.
Really appreciate your videos. I was able to win today by not denying my debt... but the technicality that they did not have all the documents. I have to say everyone in the court was surprised (Judge took a recess to review the MD code) and the plaintiff's attorney congratulated me afterwards... What a strange experience for me 😊 I actually liked the plaintiff's attorney, nice guy, and spent another 15 minutes just bs'ing with him afterwards... and while doing so, several people also congratulated me when leaving the courtroom... 2 points, bill of sale not listing specifics... and "Purchase agreement" not provided.
awesome video, I went to court yesterday prepared with these tips; the outcome was the case was dismissed before the trial began
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.
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!
I’m not going to court without this guy!
These are incredible pointers. You are the "KING"!
THANK YOU SO MUCH!
You are very welcome!
John
Your advice is priceless. Very few people do that now days. Thank you very much.
You are very welcome -- thanks for watching!
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
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
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.
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 .
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?
Had my bench trial today, the plaintiff did not show up, and the judge ruled to dismiss . All I had to do was show up . But I was ready with all the info that you have provided
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"
Can I do the same thing with paypal?
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.
I wish you were in Ky.. You have a good way of explaining things.
As always, absolute Gold. 👏👏 Thank you for doing these videos.
You are very kind -- thank you!
John
This man has convinced me with all my debts it's worth my time to consult with a lawyer.
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!
Very informational and I’m glad you reviewed the 7 mistakes
Glad you watched it and hope it helps!
John Watts
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....
Where were you for my 35 years as a legal beagle? Lordy. Excellent. Thx
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?
These videos are pure gold to be self represented, thanks..
You are very welcome!
THANK SO MUCH FOR YOUR HELP. IT DID GAVE ME CONFIDENSE IN MY TRIAL. I CAN'T PAY A LAWYER.
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!
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 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! :)
Great advice thank you so much for caring enough to share your experience with us 🙏
You are very welcome!!
Thank you. It was helpful and will remember your words of wisdom.
What happens if the debt collector is also a law firm and has not purchased the debt but is representing the bank taking you to court on the bank's behalf
I requested to the attorney firm representing directly the bank to send me copy of agreement or legal contract that supports they representing the bank, and haven't sent any.
Thank you sir! You seem very knowledgeable and kind
Thank you!
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. 🤷♂️
Again I have to say excellent video thank you so much for your time!!!
As always a great video John found it highly informative! My best
James
Thanks my friend!
Thank you for such a pleasant answers! Your rare
Positivity is a key to your success!
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
Loved this video another great video John!
Thank you sir!
Thanks for the great advice John.
Thank you!!
Amazing advice. Thank you
You are welcome -- glad it was helpful!
John Watts
Thank you for this video! Very helpful in my upcoming case.
Very welcome -- good luck!
Great information!
Thanks for the giving of your time.
Thanks for your videos
YOu are very welcome thanks!
Really appreciate all you do for us.
Welcome!
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
Thank you very much. I appreciate it very much for the information that you have provided.
Very welcome!
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?
May God continue to bless you!!!
Appreciate you!
John
I love this guy. Such a good service.
I love you you are amazing thank you so much for all of the wonderful tips
You are so welcome! Thanks for commenting....
John
Best advice I have heard. Great video
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
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
Very informative, thanks
Very welcome!
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.
Thanks for the information
Thank you for this lecture. I understand the nature of the beast that im about to defeat
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
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 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.
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
Good info, good communicator..between Mr. Watts & Dave Ramsey I'm good to go
Thanks!
Thank you so Much!
Appreciate this video
If the Debt Collector or buyer tells you and the Court (or admits) they purchased the debt and now owns it, what legal right does this debt collector/buyer have to collect a third party debt without a legal binding contract with the debtor?
If a debt collector *actually* buys the debt, then they normally can collect. They step into the shoes of the original creditor in terms of the contract with the consumer.
The problem is often they don't prove they actually bought the debt when it comes to court....
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?
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 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...
Awesome info!
Thank you my friend!
Hi John, I went and watched a case and noticed the judge ask if you want to talk before talking to him. Is it a good idea to talk or just go straight to my case. I’m being sued by midland.
I'm not a big fan of it but if you do, just be careful and be prepared for it. Here's a video that might help -- ua-cam.com/video/BsWwDeRwWRo/v-deo.html
Best wishes!
John
@@johngwatts Thank you!!
Great Video!
Thank you!
What about when they sue under the guise of the original creditor?
Jimmy,
If the original creditor sues you, then much different situation.
But your question suggests it is a debt buyer suing but they are pretending to be the original creditor.
That would be a HUGE problem for them in Alabama to lie about who is actually suing.
I would press them on this and see who is suing and who claims to own the debt.
Do be careful that sometimes the lawsuit will say, "Midland Funding as assignee of Synchrony Bank" -- that's Midland suing not Synchrony Bank.
Keep me posted what you find out thanks!
John
Thanks for the tips .. mabey I need a lawyer
God bless you man.
thanks!
First thank you for all of the info you provide.
I was wondering, If I represent myself and I lose my case, can they freeze my assets or my bank? I don't own anything but could they also garnish my wages?
You are welcome! It depends on what state you live in -- each state has different rules -- on wage garnishment and bank garnishment. I would say the general rule is they can do both but it does vary from state to state.
Hope that helps!
Best wishes
John
Thank you. I actually won my case thanks to your videos! I appreciate you very much!!!😁😁
@@rebeccalwhitcherCongratulations! Do you mind sharing how you won?
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 was told attorneys are not allowed in small claims here in my state, but the credit card suing me is being represented by an attorney.Do I not have the right to ask questions of my accuser?
How did it work out with you?
Love this video, thank you.
Very welcome!
John
Thank you for these gems 💎🙏
Thanks a lot for all the info.
You are welcome!
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
Well I need to see the documents
Very, very well said.
I approve this message …
how long those it take to go to trial i'm south florida
I don’t know - probably varies by each county. Lots of good consumer lawyers in FL - definitely talk to a few and see what they can do to help you. Good luck and hope you are very successful! John Watts
Thank You
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.
thank you sir
Most welcome!
Thank you so much 🙏🙏🙏
If debt collector win the case against me, will the court ask me to pay the money same time?? Or can I ask more time to pay off the debt??
Did you win your case, if not, did you have to pay immediately?
So basically you make it so they can't make a connection from your previous debt and the company who owns it now by showing up looking good being respectful and answering truthfully and since you have no knowledge about the connect of company x with company y no connections made and they lose.
Good summary! Not a guarantee they will lose but if you do what you mentioned you have a nice chance of winning.
Hi I just went to court and the lawyer dismissed without prejudice. I have a copy of the filing. Will they be allowed to come after me later. And will I be able to have this removed from my credit report
At least in AL a dismissal withOUT prejudice is like they never filed the case to start with. Means nothing for credit reporting and they can sue again.
BUT if you filed an answer denying the debt, see if the debt collector has marked your report as "disputed" -- if not, you may have an e(8) claim under FDCPA -- www.law.cornell.edu/uscode/text/15/1692e
"(8)Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."
Best wishes
John