11 tips to win your debt collection lawsuit in court

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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-in6mg]

** 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!!!!

[@jeremyphalin600]

Going through something very similar. Would you mind saying how much you supposedly owed?

[@Mike-in6mg]

@@jeremyphalin600 The lawsuit was for 25k.

[@iamtheempatheticcoach]

Hello. I have my first trial tomorrow morning with LVNV. Did you provide any proof or did you request that LVNV provide proof of purchase, proof of contract, to prove amount claimed, etc? Glad you won your case, good for you! 💪🏾🙌🏾👏🏾🙏🏾

[@Mike-in6mg]

@@iamtheempatheticcoach I filed the initial Answer to the complaint, demanded the docs in discovery, they refused to provide the master promissory note, next I filed the motion to compel private arbitration and they just stopped showing up. This is when the judge threw the case out. It's very stressful being there, especially when they do show up. In my case, they moved to set a trial date and requested additional time to respond to my motion to compel. In the end they didn't want anything to do with the arbitration.

[@solosuit]

Thanks for this awesome update. We're glad you won your case! Congratulations, and thanks for using SoloSuit.

[@oratorofdelphi1973]

You are awesome....so simple and straightforward

[@solosuit]

Glad we could help! Thanks for the feedback.

[@erikaguerro]

Thank you for your tips!!

[@solosuit]

You're very welcome!

[@eddykrug6194]

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

[@solosuit]

We're glad to hear you won your case. Congrats! And thanks so much for the feedback.

[@slrcouture]

I’m being sued for the exact same amount. If you don’t mind me asking, how did you present your case? That’s the part I need help with.

[@KandyceAurelia]

Hi could you please let us know how you presented your case?

[@sheenalemmons3019]

Excellent practice tips for application in court.

[@solosuit]

We hope we can help! ☺

[@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.

[@Fjayz]

Update: won my case and celebrated after. Started by filing my answer with @SoloSuit thanks.

[@solosuit]

@@Fjayz thanks for keeping ups updated! We're so glad you won your case. Congratulations.

[@letitiamason4686]

Super insight

[@solosuit]

Glad we could help!

[@Jatin19902]

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

[@solosuit]

Glad we could help. We hope you win your case!

[@cybco]

This video is Awesome!!!!

[@solosuit]

Thanks for the feedback! We hope it helped.

[@CAllen-ug6pl]

Fantastic explanation 👏

[@solosuit]

Thank you!

[@Mike-in6mg]

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.

[@solosuit]

Wow! Thanks, glad to hear it!

[@Cummata]

Be honest. Did you owe the debt and just used his tips to win?

[@Mike-in6mg]

@@Cummata Yeah, I owed huge to Citi which sold to 2 different firms. I followed the steps he has and it worked. In fact once I got 2 cases dismissed, Citi straight out 1099'd me for the last one that hadn't been sold to the junk debt buyers.

[@LynxStarAuto]

@@Mike-in6mgWhat happens when they 1099 you? You have to report it as income and pay taxes on it?

[@Mike-in6mg]

@@LynxStarAuto yes you report it then you may file form 982 with your taxes to show you are insolvent so the 1099 doesn't count against you or most of it won't. I didn't end up paying a dime even with the 1099. Just look up form 982 and watch some videos on it too.

[@cmoreno82cm]

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

[@solosuit]

Thank you!

[@Rhonda858]

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.

[@solosuit]

Glad it was helpful!

[@dwaynegee4822]

Good stuff man

[@solosuit]

Thank you!

[@MrKsan05]

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

[@solosuit]

Thanks for your feedback. We hope you win your case, and we wish you the best of luck!

[@solosuit]

We'd love to hear more about the details of your case to learn more about how to help future SoloSuit users. Can you send us an email to set up an interview? Send to [e-mail]

[@sonya5568]

I got served from them and totally caught me off guard. I need to hurry and respond as I had forgotten almost to do so.

[@xaviarichard2785]

This guy is awesome 🔥 Theres still good people in the world

[@solosuit]

Our goal at SoloSuit is to empower people to represent themselves in court and win. We want to make people superhuman at winning disputes!

[@TsetsiStoyanova]

Amazing! I would like to apply to work for you

[@solosuit]

Go for it!

[@albuquerqueturkey1567]

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

[@solosuit]

While we can't offer any legal advice, you might consider settling the debt before going to court. If you know you owe the debt, you can reach out to your creditor to offer a debt settlement at any stage of the lawsuit process. Our new service, SoloSettle, can help you with this.

[@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?

[@solosuit]

If the debt is cancelled by the original creditor, then a debt collector may be trying to collect on a debt that is invalid. Asking them to validate a debt with a Debt Validation Letter may be a powerful tool in this situation. You can use our Debt Validation Letter template to do so: www.solosuit.com/debt_validation_letter

[@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?

[@solosuit]

Yes, the process could work, but note that civil procedure and rules vary by state and court. Here are some resources that might help you in your case against Bank of America: www.solosuit.com/posts/beat-bank-of-america-debt-lawsuit www.solosuit.com/posts/settle-debt-bank-of-america

[@TurboRocket326]

If credit card company wrote of the charged off the debt then why can’t we get a 1099c to provide to Midland?

[@solosuit]

Learn more here: www.solosuit.com/posts/report-cancellation-of-debt-1040

[@michaelatwaoi7876]

Which court would the case be filed? Where you live? Where the collector is? [didn't sound like it] or where the original complaint came from? Seems like it ought to be in your own county at least.. Common pleas? or something federal if the no one is in the same state? thank you

[@solosuit]

Generally, the case will be filed in the defendant's local courthouse. So, if you're being sued, the case will be in your local courthouse.

[@leamondspikes1603]

Is there a office in Las Vegas or something similar?

[@solosuit]

SoloSuit is a fully remote company.

[@KingDB305]

If I file ..the answer thru Solosuit...does that mean it goes to that court already also...I've completed the answer through here

[@solosuit]

Not sure I understand. You complete the Answer on our website solosuit.com and we'll file it for you, by sending it to the court.

[@vickylindsey9269]

Can I use this on a high interest loan company, they had sherriffs dept serve me yesterday.

[@solosuit]

The SoloSuit Answer form can be used for debt lawsuits in all 50 states.

[@AHomespunHobby]

I was going to send a request for discovery. Now I'm thinking I should not and just hope they are not prepared? Would requesting this information for discovery tip them off to be prepared?

[@solosuit]

It could, but this can change from case to case.

[@AmberSkies.]

I got a letter from a law firm for Bank of America to respond within a specific time this month. It’s not an official lawsuit. What is the best step in this circumstance as I’m unemployed currently? Should I ask they validate or wait closer to the date to get more time?

[@solosuit]

It's never a bad idea to ask for debt validation. You can draft a Debt Validation Letter here: www.solosuit.com/debt_validation_letter

[@Remy-dl6nc]

One main financial just filed a motion summary Disposition against me for a debt I currently owe. I’m not sure what to do. I live in Texas and feel overwhelmed. I did use your answer tool. Should I answer with arbitration now? Please let me know. Thanks. Thank you.

[@solosuit]

Be sure to review the arbitration clause in your credit card agreement closely before filling a motion to compel arbitration. If the clause states that you are responsible for arbitration costs, it might not be the best move. Learn more here: www.solosuit.com/posts/make-motion-compel-arbitration

[@Icewolf6688]

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.

[@TopShelfHunters]

Does all of some of this apply for commercial debts?

[@solosuit]

Pretty much all of it! Note that some states and courts have unique rules of civil procedure, so the process might vary slightly depending on where your case is filed.

[@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?

[@solosuit]

You can file a Motion to Set Aside Judgment (also known as a Motion to Vacate in some states). This would vacate the judgment and give you another chance to respond to the Summons and Complaint. Learn more here: www.solosuit.com/posts/file-motion-set-aside-judgment Not sure what the second court date could be.

[@noblesgunjie8450]

I sent the validation letter to Midland on 23 March, 2022 and Last friday, on 7 April, 2022, we received civil summons with the complaint. Also it attached affidavit of jane keller, bill of sale, portfolio level affidavit of sale etc. docs. Is it legal? I live in NC. Before sending the validation letter, we received the credit card statements on 18 March, 2022. Can you tell me it is normal? Thank you

[@solosuit]

It sounds like you sent the debt validation letter and they then sued you for the debt. Yeah, that's not uncommon. You can then file an Answer. The Answer should again require they prove you owe the debt if they haven't yet. This all increases their cost of collection and puts you in a better position to settle.

[@maggierobbins4511]

Do not use this company. They scammed me out of $200

[@evil_predator_8890]

@@maggierobbins4511 how did they scammed you? Can you explain?

[@zloofah]

Sorry if I’m reposting my question I’m not sure if the other one is deleted but I need advice. If I want to settle, can I go straight to emailing the lawyer to make my offer OR do I still have to answer the court summon? (I have not officially received the summon and the process server was unable to serve me, I only found out I have a lawsuit thru the county records) HELP!

[@solosuit]

Generally, it's best practice to respond to a debt lawsuit to avoid default judgment. Even if a settlement agreement has already been reached with the law firm, it's best to file an Answer in case the law firm changes their mind or goes back on their word. Having an Answer filed will protect you from default.

[@zloofah]

@@solosuit so I respond to the court AND also respond to the lawyer? I want to settle the debt I owe, hence I’m asking if it’s a good idea to just go straight to d lawyer

[@jacobbozeman2364]

Question. How can a hospital have each procedure from 1 visit, listed with their own account number, yet still claim its one account? Also the paperwork I received said the collector shall attach an itemized list of the debt. But, all it lists is date of service, account number, my personal info and amount owed. How's that considered itemized?

[@jacobbozeman2364]

Just to expand on my situation. I lost my employment 1 day before I was served with this lawsuit. I've got no money and my initial court date is May 4th. Then to make matters worse, my dad, who lived with me, passed away last Friday. It's been a crappy month. I tried pushing my court date back but the clerk said to call and ask the collectors lawyer if it's okay to reschedule. I'm afraid to call them because I've got no doubt they'll attempt to trick me into saying something that will hurt me in court

[@solosuit]

Jacob, we're sorry for your loss. Be careful when dealing with medical debt. Many medical collectors are known for double charging or charging the wrong amount. If they have failed to validate the debt, you should definitely push back.

[@Ana-ho2ps]

I'm getting sued for unpaid credit card but the bank cannot find/provide the contract that i signed when i applied for said credit card. Do i have a winning case?

[@solosuit]

If they don't have proof to validate the debt, it sounds like you have a strong case.

[@triplejjam]

My question is that I had auto loan from ally bank in which I defaulted on the loan so they repo the SUV so now they're suing me what arguments can I use . ally bank was sued for the Same bad practice

[@solosuit]

If you really owe the debt, it may be hard to come up with arguments to represent yourself in this case. You may want to consider looking for a lawyer.

[@Vector76291]

What about if is not even may name written correct in the papers?

[@solosuit]

Sounds like it could be an invalid debt, and you might be able to use it as a defense in your case.

[@southside9417]

HELP! 🥵😰😭when going to court, FTC an FDIC do i referr to codes, or make copy off line or down load Pdf and print it. For me exhibits

[@solosuit]

I'm not sure I understand your question. Can you rephrase it?

[@mnewyork]

Does the credit card company need to show a signed agreement for the debt to be valid in court? I was informed that when requesting validation or verification of a debt, credit card companies do not need to produce a signed agreement to prove the debt is valid and that I owe it. Is this true? I sent a validation letter to the original creditor's lawyer as part of my lawsuit answer. In response, the lawyer sent back all the credit statements but no signed documents. Exhibit A was just the credit agreement without a signature. A free legal aid lawyer in court told me that they do not need to show a signed agreement to win the case. Is this correct for a case in New York City?

[@solosuit]

Every state has different rules, but if a legal aid lawyer told you that information, there's a good chance it is true. If you think the debt is invalid, you might consider disputing it further with the FTC.

[@jeanyaks]

Can i use solosuit in nv.? Or it is just in utah

[@maggierobbins4511]

Do not use them. Scammed me out of $200 Only communication is my email and they take over 24 hours to answer your questions

[@solosuit]

You can use SoloSuit in Nevada and all 50 states.

[@SixSenseHarleyStreet]

What about asking the coroner to state on writing that each them are ‘alive’ in court?

[@solosuit]

I'm not sure what you're asking. Can you rephrase your question?

[@Mike-in6mg]

I am following your guidance so far. I sent my answer and then filed a Motion to Compel the Arbitration, now I got Admissions, Documents and Interrogatories sent to me?? I was feeling good for a minute there but now I gotta respond to these docs. Can you make a video addressing any tactics that can be employed here like in my situation. LVNV Funding isn't just dropping the suit in my case.

[@solosuit]

Good job getting this far. Usually we recommend angling for settlement after filing an Answer and MCA. You can use our Debt Lawsuit Settlement Letter to make an offer to settle. Responding to Request for Admission, etc is actually pretty easy. Although we don't have any service for that currently. Generally, you just need to respond yes or no, kind of like on the Answer.

[@sethjessbry32]

What happened with your case? I am currently dealing with LVNV at the moment

[@Mike-in6mg]

@@sethjessbry32 I responded to the interrogatories, objecting to everything. Then I sent them MY interrogatories, demanding they admit they sued even though there was an Arb Agreement, demanded proof they own the debt and they responded. Admitting they knew about the Arb agreement but refused to provide proof of ownership of the debt, claiming that proof is a trade secret. Just got it a day ago, thinking about my next move now.

[@Mike-in6mg]

@@jyaneane forgot to mention, I did send an offer letter, which they rejected. They said they are not willing to settle.

[@jyaneane]

@@Mike-in6mg Well I answered and I got a notice from the court sending my case to mediation. I'm not going to offer anything near what they are asking and will be asking how much the paid for the debt. This "trade secret " defense sounds self serving in their extortion.

[@legendarypkxd6876]

What do I do if I am being sued by a family member about earrings tbat I lost and ask me to replace it but I am unemployed and she text me and gave me 14 days to give her the money for the earrings or she will sue me

[@legendarypkxd6876]

And she also want to sue me for rent and she in fact gave me papers to sign to agree but I did not sign those papers, what do I do?

[@solosuit]

Keep in mind that we cannot give legal advice, but in general, it's best to respond to a civil claim with a written Answer. You can fill out the SoloSuit's Answer form in minutes online here: www.solosuit.com/debt_answer

[@ryanb6093]

I think I want to purposely go into debt so that I can go to court just to cross examine a plaintiff (in this case a lawyer)

[@solosuit]

That'd be quite the adventure! Feel free to use our forms if you do. 😄

[@mumbejja1888]

No dear just join fake and drama company

[@dixieleflore1409]

I’ve put the word out about your services 😊CU Health is being aggressive and I told them you keep the wolves away 🙏🏽🕊️🕊️

[@kimfella4770]

They are a scam, just like you are.

[@solosuit]

Thanks for recommending SoloSuit! We hope you win your case.

[@LunaBobbi]

I would imagine this method wouldn’t work if the original creditor is suing you right?

[@solosuit]

It can still work. There are many factors that will play into it, though.

[@melmurphy3967]

I never got any of these things! What the heck, my court date is tomorrow. I didn't know anything about answering the summons...nothing! Panic mode activated!

[@solosuit]

No need to panic. You can fill out an Answer doc on our website and be prepared to respond in court: www.solosuit.com/debt_answer

[@claytondoan5712]

I need help fast...

[@solosuit]

Reach out to us at [e-mail] and we'll do our best to assist you.

[@kimfella4770]

Did these people help you? The reason I ask, is because they have extremely poor reviews on other platforms, and every comment I make gets removed. Hoping this one sticks since it's a reply to you and not them.

[@claytondoan5712]

@@kimfella4770 I've never reached out to them.

[@braaaptime]

Do you think if a lawyer gave all the true answers and really tried to help the people that they may gain so many viewers that they could make more off KZbin than going to work everyday being a lawyer? Honestly asking. 😉

[@solosuit]

Not sure. Professional KZbinrs can make quite a lot of money, but so do high dollar attorneys.

[@braaaptime]

@@solosuit a lot of people need help they can’t afford. It would be interesting to see an attorney give truthful, simple knowledge with step by step procedures of the process. I bet it could go viral or be substantial income through KZbin! 👊🏼😉

[@solosuit]

@@braaaptime although we aren't attorney, we're trying to give people the resources they need to represent themselves in court and win.

[@dougdiaz1973]

Yeah, my answer that I filed through here got rejected. I don't recommend it.

[@solosuit]

Hi Doug, sorry to hear it. Documents get rejected sometimes, even with attorneys. If we know about the rejection we'll refile for you and get you taken care of. Make sure to let us know.

[@maggierobbins4511]

They probably will charge you again. Very dishonest. Do not use this company. They scammed me out of $200 I filed my own answer with additional documents for free

[@kimfella4770]

I'm shocked they left this comment up. Every time I leave one it gets removed.

[@HollyMusic72]

So my husband got a letter in the mail that was not sent by certified mail. It says motion for summary judgment, and a letter also in the same envelope one that says summary judgment. There is not date on either along with copy's of a person who of a signature of a person claiming to work at the hospital who supposedly signed off on the debt to the lawyer who is the plaintiff on the papers sent to him. Did they get judgment without are knowledge or can we still fight this?

[@solosuit]

It might be a good idea to call the court clerk to figure out if the motion for summary judgment was granted or if there is a court date for the judge to consider the motion and make a decision. This will give you an idea of what action to take next.

[@destin5o]

Take them to arbitration under FINRA not AAA. Motion to dismiss due to wrong venue. They are going to poop there pants.

[@solosuit]

Nice!

[@LunaBobbi]

What does this mean? I am being sued by the original creditor Bank of America. Help! 😅

[@timtman9330]

Look at your glasses how they fit.. Look at how they fit on your nose and also your eyebrows.. Great video, but an adjustment at the optician will make you look great again.. Thanks for the video.

[@solosuit]

Thanks for the tips!

[@kimfella4770]

Read their reviews on other sources. I bet you anything this comment gets removed too just like every other one I've posted.

[@solosuit]

You can read our reviews and see that our customers have overwhelmingly positive experiences, Just Google SoloSuit reviews. We don't remove comments, so not sure where you got that. Thanks for the feedback and helping us get more traffic to our channel! We hope to empower consumers to resolve their debts. Feel free to spread the word! :)

[@kimfella4770]

@@solosuit I got that from personal experience, as I said........ I tried asking about a negative review here, and I saw and it was removed. About 8 times now I've commented and it keeps getting removed.

[@Steve33056]

This video is useless. He never gave us the one sentence to say to get the lawsuit dismissed immediately. Useless

[@solosuit]

Sorry you feel that way, Steve. If you're looking for ways to prepare for your court hearing, check out some of our other videos: kzbin.info/www/bejne/a4TcqWdqjJ2AjqM

[@kimfella4770]

Scammers

[@solosuit]

Sorry you feel that way. We're legit and want to help people resolve their debts. Contact us if you have any questions or concerns: [e-mail]

[@kimfella4770]

@@solosuit I will email you. The reason for my comment is because I read very poor reviews on trustpilot and I tried to ask about them in here, but it kept getting removed. It seems like all of the commenters in here are pre-approved and no one else can leave a comment, and instead are limited to replies only, like this.

[@kimfella4770]

@@solosuit Why do you keep removing comments about your poor reviews?