How to Cross Examine a Debt Collector in Your Debt Collection Lawsuit!

If your debt collection lawsuit is headed towards trial you need to know how to cross examine the debt collector effectively to give yourself the best chance of winning your case.
In this video Bankruptcy Attorney John Skiba shares with you the exact questions he would ask debt collectors on cross-examination in over 300 trials where he has represented consumers.
🔥📆 Book an appointment to speak with John: (Arizona Residents Only) [phone].
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KEY MOMENTS
06:13 In preparing for your testimony today did you review the documents/exhibits that you just testified about?
06:48 When did you review the documents?
08:31 Has the original creditor ever trained you on how they create and store their business records?
09:14 Prior to your testimony did you reach out to the original creditor to confirm the amount owed?
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MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.
John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.
🌵🌵🌵🌵🌵 ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.
🔥📞 Talk to John now! go.consumerwarrior.com/call-now
🔥📆 Book an appointment to speak with John go.consumerwarrior.com/call-now
John offers informational products and strategies for consumers facing serious debt problems - particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.
⚡⚡⚡Forms, Templates and Video Tutorials can be found at 👉👉👉 consumer-warrior-project.think...
🔔 Subscribe for more free debt elimination strategies and tips: kzbin.info...

[@Consumer_Warrior]

⚡⚡ Check out my online tutorial on 📝 " *How to Defend Yourself in A Debt Collection Lawsuit* " and many other DIY forms, tutorials, and templates - click here consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle ⬅⬅⬅⬅

[@purplerose5316]

Can you instruct American State Nationals how to proceed since Maritime courts are not their jurisdiction (of the sea)

[@user-ft7hn8xn4w]

If me and my wife owe money to california when we used to live in there, now were moved to Arizona a year ago do I need to fill for Bankruptcy in Arizona or California? Thank you just checking if you could help us.

[@TheChromePoet]

What makes this funny to me, is that I could effectively represent myself with all the information I got from this guy.

[@Consumer_Warrior]

That is my goal!

[@audreymay9378]

@@Consumer_Warrior You rock!

[@briansmyla8696]

That's the whole point! If you have the smarts, the time and the money to do it yourself, then he's handing you the tools. Pick them up and get to work. If I could have hired him to do the work for me, it would have made more sense to do that in my case. But he doesn't practice in my state!

[@brpadington]

I did just that. I beat Capitol One in court.

[@jmartle]

@@brpadington what happened?

[@leemantakul]

I watched all your videos, represented myself and won judgment against midland and Jefferson capital! Specially referencing the Bill of sale making no specific reference to my account and the validity of other documents being recreated and no correlation to Bill of Sale. Thank you so much!

[@Consumer_Warrior]

AWESOME! Great work. Glad to hear that you were able to get a victory.

[@newstarcadefan]

Congrats! More and more people are finding out they don't have to be a part of the 95% that settle/default in these cases. Trust me when I say from personal experience that they got nothing. In my case they simply didn't show up, and they get nothing.

[@LifeWithSyvella]

Congrats..I go to court Monday, I pray that I'm to report back the same results :)

[@briansmyla8696]

@@LifeWithSyvella How did it go?

[@Dgrider02]

@@LifeWithSyvella How did it work out for you?

[@cryptosliceoflife3081]

Best lawyer I have ever watched on youtube! Wow!

[@Consumer_Warrior]

Thank you for watching!

[@Bruno99GT]

Being sued for a hospital bill that debt collector says is for 2750 dollars. However insurance paid the hospital ( took insurance 4 months) but at the end final statement was for 81.35 dollars. Tried to pay hospital they said bill was in collections. Collection agency sent letter called them and sent a copy of final bill and they never contacted me again. Several months late a different agency Mendelson law firm in Memphis sent me a letter saying I owe 2750. Told them it was wrong amount and offered to pay them 81.35 which I read verbatim to them, they refused now they are suing me but I have the statements showing it was all paid by insurance and that final payment is for 81.35

[@gbear1005]

Let them bring it to court. Of course they will submit the validation you are due 5 days after first contact.....

[@angiefloyd6298]

This is what I needed!! Thanks John!

[@richardromero5186]

Excellent as always thank you

[@antonh7]

This is amazing information! Thank you!

[@oliviacannon9074]

Incredible information. Thank you ⭐️

[@jeffreylanier222]

Really enjoy your content and information. May the blessing be bestowed upon you

[@audreymay9378]

Thank you for creating this video

[@alandolan2182]

Thanks for the information I appreciate it...

[@SHELBYDONTDOIT]

This is really great information, I plan on using it. Thank you

[@markspangler8573]

Thank you. Very helpful.

[@UberHowie]

Great info. Thanks

[@paulnichols9000]

Thank you soooo much. You have given me the strength to do battle with these folks.

[@Ever_Evolving1]

Awesome! Thank you for this video!

[@clearshadow213]

Impressive, thank you so much

[@kilove1]

Thanks for making this possible for me 🙏👏

[@kasiagolemo5703]

You are awesome, thank you 😊

[@LifeWithOra]

Thanks for sharing this information.

[@destincasimiro6984]

Thank you for this video, it might be very helpful to know...

[@natedavidoff668]

Thank you for posting this. I enjoyed the video!

[@Consumer_Warrior]

Glad you enjoyed it! Thanks for supporting the channel.

[@mcopilot]

I won 14 yes 14 cases by doing just this in addition filing motions like crazy and motion for discovery and admissions is very important. file those right after you answer the petition. Also to prevent a lot of this to begin with when you get a letter from a collection agency send a certified return receipt letter to them stating you object to the debt. this way they can not sue for account stated

[@m_farw3ll]

How does this work?

[@kokoyworld3199]

So if I send validation letter and dispute it, they cannot sue?

[@treasuredbygod]

Please give the statute for this "debt objection."

[@esoteric_Derek]

Wow! This all sounds like some incredibly effective advice. Thank you so very much, my good man! You have been most helpful.

[@my_flippin_journey]

*Great Content .. thank you*

[@homehere9817]

Thanks 😊 for the great info ! New subbie here!

[@dianecelento4974]

Well damn, I feel like I'm an attorney after watching your valuable videos.

[@darnellmayfield6542]

@Consumer Warrior I really appreciate your videos. I am being sued for a loan the case is now heading to a pre trail thanks for the help

[@THEPAPASMURFTHEOG]

👍 attorney skiba always with amazing videos.

[@Consumer_Warrior]

Thanks for watching!

[@MrDjwizz]

Consumer Attorney John Skiba I’m a disabled veteran being sued by unified can I hav a minute of your time phone [phone]

[@RWlawFL]

This is great. These are a lot of the same questions we ask in Florida not only in junk debt cases but in foreclosure cases as well. And a lot of the answers are the same.

[@Consumer_Warrior]

Thanks for watching!

[@katc6662]

Really helpful, clear, and concise. Thank you. Wondering if you have done anything similar for a case in which the plaintiff is the original creditor (specifically a medical provider)? I am defending myself against a medical provider/attorney debt collector that routinely sues patients. They file lawsuits with insufficient evidence instead relying on default judgments (for example, in one day, during the 1.5 hr civil return docket, they had 32 cases docketed. 53% of those went unchallenged and ended in default judgment).

[@yasman34]

I am in the UK as a litigant in person for the past 4 years in the High Court against a multi million pound company for breach of contract. After 25 High Court procedural proceedings in front of High Court judges I am still standing. I'll give them the best fight of my life untill I am remedied by way of compensation for what they did. Thanks for sharing the knowledge - please accept this small contribution as way of gratitude.

[@robertwhite9898]

Just watching these videos is empowering. Armed with this knowledge is a plus. Midland funding is one of the worst . Just as bad as portfolio . These two companies are notorious for suing people . My advice is not to let get to that point. It’s best to avoid it at all costs.

[@yasman34]

Thanks

[@trippyvortex]

Need more videos like this!

[@Consumer_Warrior]

I have a bunch of tutorials, templates, and forms that can help you out consumer-warrior-project.thinkific.com

[@louisjeanjacinthe2042]

Thanks you

[@danielestrada8835]

Awesomeness!

[@cybyz8283]

Love It

[@Aye.Alexandria]

I asked all the questions, the witness for LVNV answered the questions exactly the way you predicted they would. The judge ruled in their favor even tho they had no way to prove that they worked with credit one bank, they didn’t submit the purchase and agreement, and when asked why no the judge just cut me off and said he was giving his judgement and ruled in favor of the plaintiff LVNV

[@bettyboop2468]

Omg...😮

[@Rio50520]

Were you able to at least settle or did they eventually hit you with the judgment? Sorry to hear this...

[@Aye.Alexandria]

@@Rio50520 they hit me with a judgment before I even got a chance to really speak or ask my questions and when I did get the chance to speak I knew it was pointless the judge didn’t want to even listen to me

[@donaldevans7947]

Can you subpoena the original creditor for the bill of sale/sales agreement to find disclaimers of debt is not verified or authenticated? Or other such disclaimer?

[@kcnolanjax]

@Consumer Warrior, I've never been sued by a collector but I was wondering if I can sue the collector preemptively? I have Port Recov / Capital One debt that is around $900 and $790, and was going to try a cease and desist due to identity theft type of letter. What would you do? Great channel, props.

[@cwbychsr]

If a debt is charged off, and you receive a summons and have 30 days to respond, what is your answer for response if they send you a complete copy of your loan docs including payment history so you can’t dispute inaccurate info as they sent a number history with the summons?

[@richmiller6940]

You are impressive. Wish you were practicing in IL. ;-)

[@mizlady80]

Thanks for the wonderful video! I just typed out each question as you presented them. I've been in court with Midland here in Michigan since January of this year. We're still in the discovery phase. Covid delayed a couple court dates. I have a court via ZOOM tomorrow morning. I'm nervous as all get out as I was prior to the previous court dates. I served discovery on the Plantiff which they have yet to answer. In a perfect world, the case would be dismissed but they've shown up to the prior 3 court dates all with different lawyers. I'm just ready for this to be over with. It takes a toll on you especially when you're representing yourself and you're clueless to the legal jargon that is being used. Wish me luck!

[@Consumer_Warrior]

Good luck. I hope it goes well!

[@universalroots]

How did your court go? Did the questions help you win three case?

[@mizlady80]

@@universalroots I ended up settling for half of the amount owed. A part of me wanted to continue to fight but it became mentally exhausting being that this has been ongoing since Dec of 2019 along along with the Pandemic hitting. I am happy with the decision I made and no longer seeing that blemish on my credit report is even more rewarding.

[@universalroots]

@@mizlady80 thanks for responding. Did you mention the fact that you wanted to see the actual contract or did you just decide to settle?

[@mizlady80]

@@universalroots Yes. I mentioned it at every court date. I also sent them a Debt Disclosure Statement to complete that I never received which is why I continued to fight.

[@ebonieandsons]

@Consumer Warrior What about assignees? What types of documents do you typically see between original creditors and debt collectors that are merely assigned to collect the debt -not necessarily purchased the debt?

[@johngwatts]

Great video John! Keep cranking out the excellent content my friend.... John

[@Consumer_Warrior]

Congrats on your win! You are exactly right, it is all in the details. All of these cases turn on little things that you wouldn't think would make such a big difference, but they do. Now you can finally have your life back :).

[@ebedward51]

Cynthia Pope can you please tell me why/how you won based on them putting LLC at the end of their title?

[@ebedward51]

Consumer Attorney John Skiba how did that detail allow her to win?

[@ebedward51]

Cynthia Pope thank you! I appreciate you taking the time to respond.

[@audreymay9378]

Are you basing the cross examination on the 5 subcategories used in the business exception to the hearsay rule?

[@MrTheman1889]

Good morning John, i have a case in northwest Indiana and am having trouble finding an attorney im satisfied with. By chance do you know any debt defense attorneys that practice in Indiana. Thanks for the videos, they are really informative!

[@bdawson571]

Your so awesome!! Thank you so much for sharing your knowledge 🙏

[@WillFromEarth]

I have a sort of related question. A debt buyer like Calvary sues for $6k (what they claim was the original balance), but they paid 4 cents on the dollar for the account. Their actual investment is $240. How do they have standing to sue for $6k when that was charged off and the actual value of the account is only $240? Can't they only sue for what they paid for it? The actual out of pocket investment or "loss"? Why do I not see anybody defending against a junk debt buyer suit on these grounds?

[@Consumer_Warrior]

This is a good question. The reason is the law allows a debt buyer to sue for the full balance owed on the account, even when they paid less than that amount, if the debt buyer can show that they are the true owners. I don't believe they should be able to collect on it because they often lack the evidence to do so. However, if they can prove ownership they can collect on the full balance.

[@deeD601]

I got sued by calvary

[@markvidales]

@@Consumer_Warrior isn’t that an unjust enrichment argument?

[@peteritson9484]

So will a "witness" always be at the hearing, or just the debt buyers lawyer. If not can you cross examine the lawyer?

[@vintageswiss9096]

Thank you so much for taking the time to make all these videos. What about asking the witness: "Are you being compensated for giving us your testimony today?" Would that help lower their credibility as a witness? Or does the judge expect expert witnesses to be paid for?

[@my_flippin_journey]

*Great Question*

[@entyce66]

When the debt collector serves you with a lawsuit does the copy of authoritative documents have to have your signature? What is an authoritative document? Thank you

[@MickNJ1979]

Do you have the right to see the actual bill.of sale that states all the grounds of sale?

[@radpoker47traderandplayer22]

Great material. Should a defendant seek the bill of sale during discovery?

[@Consumer_Warrior]

Often the creditor will automatically provide this as part of the disclosure process, but if they don’t have it they will struggle to prove their case.

[@patmatt8283]

Question. Is there ever a scenario where the attorneys did not actually purchase the debt? As an example, the plaintiff listed says "American Express National Bank" and not the collector, Zwicker and associates.

[@rlebell]

Would there be a forward flow agreement exist when the bank is being represented by an atty?

[@AprilReyn]

Reasonable Doubt is only a standard for criminal cases

[@tirzahmcclinton7657]

how would you tailor your questions if the plaintiff is not a junk debt buyer. I have been sued in a district court by capital one. the law office is in NJ. I live in PA. Does that change anything?

[@edwinromero5896]

Does this strategy work on verified complaints and on personal loans?

[@quintonrivers4351]

Great Video! Let me ask, does the debt buyer like LVNV need the signed contract or agreement? Or does using the credit card act as the contract? As part of the bill of sale, I have something that states receivables at top of page then its like 40 pages of redacted info. So I take it they don't have the assignment contract and if I challenged it in court it will likely be dismissed.

[@Consumer_Warrior]

In a state like Arizona where I practice they do not have to have the original signed contract, and in fact rarely do. Many debt buyers will sue on an "Account Stated" legal theory that basically states that they can prove the terms of the agreement by showing proof of payments and purchases. They will try and do this through producing monthly statements that show purchases on the card and then payments made by you.

[@quintonrivers4351]

In Georgia, its a whole different beast. Alot of individuals were losing cases representing themselves so I felt compelled to hire a lawyer.

[@DeeWins111]

@@quintonrivers4351 who did you hire?

[@RickJZ1973]

Excellent presentation! Quick question: is a debt collector obligated to respond to a letter of validation within a certain timeframe? I am going through a crazy situation from a automobile lease. Vehicle was front paid and current. Was involuntary repossessed and charged off. First two collection entities failed to respond to verification of debt. Passed to a third entity called MRS bpo. They have failed to verify. Most likely I anticipate a lawsuit.

[@Consumer_Warrior]

For more specific questions, feel free to join my community. I am on there frequently and can answer the question very directly. consumer-warrior-project.thinkific.com/users/sign_in/?redirect_to=/communities/Q29tbXVuaXR5LTI4MDMy&error=Please%20sign%20in%20to%20continue

[@tomau3946]

Is the collection agency representative usually a "processor" (paper pusher) rather than an acquirer? If the former, does it make sense to ask the witness how s/he acquired the debt from the originator, how s/he decided to select my debt, whether my debt was bought specifically or in a batch of 1000 others, etc.? Apparently there is a lot of "robo-processing" of debt going on. Is this one of the things we want to establish?

[@AprilReyn]

A collection agency rep can't take you to court. They have to hire debt collector atty to actually sue you in court

[@Ga91772]

Tku

[@chandrahouston6282]

what if the answer is yes to your last 2 questions regarding he bill of sale and purchase and sale contract?

[@rosemontez3674]

What if the junk debt buyer does not have a witness, do you then cross examine the attorney?

[@diazaa]

What if the company I owe is suing me not a debt buyer. Bank of America and the Lawyer are whom I dealing with.

[@papimuchoguapo5516]

Mmm. And after the witness is out... what is the outcome of the lawsuit?... dismissed? Or more time?

[@jeseniaz817]

I I already settled with the company about 4 year ago and they are trying to garnish my paycheck now

[@Consumer_Warrior]

You should contact a lawyer. You may have an FDCPA claim and can sue them.

[@balzoemg8415]

Do you know a Consumer Dept Attorney in NYC?

[@MsGemini321]

Would you not ask how or why your private data and personal information has been passed on without youre consent ..its a breach of infirmation

[@kimhill5281]

After watching this and asking those questions, do you then ask the judge to dismiss as they did not prove why you owed them the money? How do you end?

[@Consumer_Warrior]

Good question. After you do your cross-examination you simply say "I don't have any more questions". The plaintiff/debt buyer then has a chance to conduct "re-direct" where they will likely ask their witness questions. After that the witness will excused and you will go on to the next witness.

[@donaldevans7947]

John, should you subpoena the Original creditor, for the sales agreement to obtain disclosures and non warranties disputing validity of debt at sale?

[@Consumer_Warrior]

You can likely get this from the debt buyer. That information is usually contained within the Forward Flow Agreement, sometimes referred to as the Purchase and Sale Agreement.

[@tanyabrown1253]

Can you answer this question? How can a debit collector charge you more than they bought the charged off account for?

[@Consumer_Warrior]

Great question. When a debt buyer purchases a debt they are purchasing all of the rights that the original creditor has. Essentially, the debt buyer steps into the shoes of the original creditor and can do everything that the original creditor could have done. If the original creditor can pursue the full balance so can the debt buyer - IF - they prove they have ownership of the account. The money the debt buyer pays to the original creditor is the "fee/cost" for the rights they are purchasing.

[@lusidanl572]

@@Consumer_Warrior Can I ask them if they have proof of ownership of the account? Or can they show proof of the ownership of the account?

[@speaktru69]

@@Consumer_Warrior What baffles me is that the original creditor can charge off the account which shows as a loss on their taxes, but then the debt buyer can buy that charge off for cents on the dollar and try and collect the full amount. This should be illegal. It's like a profit and loss on taxes. Can you write off your lasses and sell them to someone else so they can try and collect the full amount? If no, how come these debt buyers can? I hired an attorney to try and settle several debts because I could not handle the stress of court. My attorney never submitted an answer to the summons I went to him for and ended up receiving a default judgement. It cost me $3000 to pay my attorney to write a 8 letters. I could have paid of a couple of the debts with that money. I don't know if I can file a complaint against my attorney with the Board of Overseer's for malpractice.

[@TWardlawYT]

Quick question, according to consumer law, once the original creditor sales the debt, wouldn’t that be against consumer law?

[@AprilReyn]

Many if not most original creditors will not sell the debt just because it is charged off you still owe it that's just an accounting thing they are actually required to charge off accounts that have not been paid for 6 months you will always owe that money what they will do is divvy it out to a debt collection attorney and that attorney will come in and say my firm has been hired to represent the original creditor blah blah blah but it's not like they're on staff or anything

[@BengiAndSnuggles]

If you receive Social Security Disability, and a creditor sues you, what can the person do ? I would appreciate your help. Thank You.

[@my_flippin_journey]

He has a video covering that information

[@jasmineelzie8722]

Am I able to contact you by any chance??

[@rachelbrown936]

Would it be a good idea to ask the witness how much the company they're representing paid for the original debt?

[@Consumer_Warrior]

You can ask. Their attorney will likely object that it is irrelevant. I have seen the court rule both ways on that. Often the witness will not know.

[@rachelbrown936]

Thanks for taking the time to answer my question. I have found your videos extremely helpful.

[@nitelillie]

This sounds good but the judge is typically on the attorney's side. I lost my case today and the attorney there was lousy. The judge answered favorable to the attorney on everything. Even when I brought up reasonable doubt, the attorney switched positions so much and acted like a goofball. The judge did not care about anything but the fact that I owed the original creditor and it was legally acquired by a debt collector that you DO owe. I felt like I had a 5% chance once the attorney asked for additional delay after a 16 month delay already - within the first 5 mins. I mentioned that I got a letter from the judges office saying today was final no future extensions. Judge said but he has a right for a 60 day delay. OMG...I knew I lost the case then. She was fair enough to look at the itemized charges and reduced the total amount by $300 to bring it under 2k. My point being, I think it was a waste of time to walk in alone unless attorney is a no show. Otherwise just try to settle.

[@briansmyla8696]

So after gathering information from watching your videos, I just settled a ~10K account purchased by Midland for around 38% of the original amount. The documents that the attorney brought to court were an affidavit of sale of account by creditor, and a forward flow receivable sale agreement certificate of conformity, and a bill of sale, all signed by a 'vice president' of the OC, and notarized, along with an assignment letter, one cardholder agreement, and an incomplete set of account statements. The attorney that filed the suit was out of state, the attorney that showed up was local, and the action was filed in magistrate court, which if I had lost would allow me to appeal to the court of common pleas for a trial de novo. Should I have done anything differently? For what it's worth, I'm in PA. It's interesting to note that there was an included page that showed the last payment date, but also had fields labeled 'sale amount' and 'charge off balance' that were an identical number. Maybe they're getting smarter when it comes to documentation that they take to trial?

[@my_flippin_journey]

*I'd love to read a response to your questions*

[@AprilReyn]

Just from what I've been thru personally, midland pretty tough to best, u need to know ur state requirements for them. They have to only have the last page before it was sent to them and yes the amount will be the same. But I have won by looking at the date pymt must reach us by on the mail back label part of the stmt and it did not correspond with it they could not have known until that date passed whether I would've paid or not. Also I always check the notary to make sure they r real and One other little thing to check there a box that says if you pay only the minimum balance it will take you 24 yrs. And the balance is like 1600 min pymt 900...And a the next stmt will say if you pay only the min amt due it will take u 3 yrs. And also make sure ur acct numbers are the same thruout and exactly the same on the complaint. Oh and for those of you that don't know if it's Barclay, BoA they have 3 years from default to sue you they have to run under Delaware law

[@AprilReyn]

When they buy group of them for pennies they are allowed to sue for entire amount because u give them that right when u sign for the card it is standard in that tiny print.

[@davesdrone3125]

IS it ok to have the notes during the questioning? do I need to disclose those questions prior to asking them in court?

[@Consumer_Warrior]

Of course. Most attorneys use notes. I have done over 400 trials and I use notes. And your questions do not need to be disclosed before.

[@davesdrone3125]

@@Consumer_Warrior Thank you, I look forward to our consult on Monday!

[@michelleMYHELL5244]

What if I made one payment years ago to the collection agencies, now 3 years later they are suing me in court..am i screwed because I paid

[@my_flippin_journey]

He has a video about how long after last payment is received a debtor can sue for it. I'd suggest starting there. Note .. Each states statute of limitations is different

[@fionala9431]

I forgot ask you.the collector called my California time 5 to 6 Am in the morning.what can I do this matter.

[@my_flippin_journey]

He has a video covering this

[@alvarotorres9057]

I am getting sued and the plantiff is submitting the bill of sale and invoice as evidence. Should I request the purchase agreement in discovery? I’ve been seeing videos on debt collection lawsuits and I see many people state that you shouldn’t request documents from the plantiff because it can hurt your case. I guess my question is, when do you bring up the absence of the purchase agreement?

[@AprilReyn]

How do you know they're bringing the bill of sale in the invoice as evidence did they already do so? You must know your State's rules for what they require them to have to prove their case because you are not required to prove your case they are required to prove theirs if there's more than one junk that buyer let's say one through three guys ready that entire chain has to be shown back to the original creditor. When you know for sure that the court requires them to have a purchase agreement and they don't and you don't ask them for it because they might get it or you need to do is point out the purchase agreement is missing when you are going through your defenses and showing that they don't even have the minimum required by the court if that's your court you have to check with your state

[@alvarotorres9057]

Thank you for your response. I had my trial a few weeks ago and the case was thrown out by the judge because the plantiff attorney didn’t show up in person. I was really prepared to defend myself but I didn’t say much because the judge threw out the case. I think the most important thing of going to trial is knowing the judge in charge of your case. The judge in my case, definitely sided with defendants.

[@TroyCook-vd6qu]

The debt collector has no genuine consent, no meeting of minds, no equal consideration, no Privity of Contract. Best yet, they do not have the original wet ink signatures. They’re dead in the water the second they step foot into the court.

[@szys308]

Can u represent clients in other states?

[@Consumer_Warrior]

Unfortunately no. I do have several online tutorials that may help at www.legal.coach

[@szys308]

@@Consumer_Warrior ok darn. Thanks, can u recommend anyone in Texas? Specifically Austin lol

[@36crazyjohns]

any relation to matt?

[@Consumer_Warrior]

No. I get asked that a lot. So much so that I had to look him up. Growing up I like Blink-182 but didn't know they had a "Skiba" in the band :).

[@DenverHarris]

Why not attack that you don’t owe the debt buyer. You never contracted with them, but they are suing for money that the original debtor didn’t think it was worth seeing for?

[@purplerose5316]

I absolutely don't understand why this needs to be so complicated. I don't have a contract with debt collector,they never borrowed me the money, therefore I don't owe them anything. The end.

[@newstarcadefan]

You're correct it isn't that complicated. However in court, you would have to word it in a way (if you can get it to trial, and beat the summary motion) that won't piss the judge off. If they don't show up, then that's better because we all know what happens when the defendant fails to show up, or doesn't answer the papers.

[@Kressa1111]

@@newstarcadefan My husband was still sued for the full amount owed plus court Costs when the defendant (debt collector) didn’t show up. She said I think you owe the debt and said he has to pay.

[@newstarcadefan]

@@Kressa1111 Yeah that should have been appealed, since it's bad policy to give a winning judgement to a party that didn't show cause to skip trial.

[@my_flippin_journey]

@@newstarcadefan I agree .. also .. I'd research if that judge & plaintiff are golfing buddies, etc. Creating a cause of unjust rulings. Possible your case wasn't the only case effected.

[@my_flippin_journey]

@@Kressa1111 see my other reply

[@yenrist7138]

Dear Sir The plaintiff’s lawyer sent me several monthly statements and a bill of sale . The Bill of Sale : “… For valued received and subject to the term and conditions of the Master Purchase and Sale Agreement dated … and Addendum No. 1 dated ….., between buyer and the Bank(the “Agreement “), the Bank does hereby transfer, sale, assign, convey, grant, bargain, set over and deliver to Buyer the Accounts described in Exhibit 1to the Addendum and the final electronic file. (Signed by Authorized party of the Bank) Exhibit 1 has one page included Sale ID ….. Cut off date 05/18/2020 Data Excerpt from Exhibit 1: Account number Sale amount Account open date Last payment My name and address My question if these informations are enough to prove the plaintiff is rightfully owner of my debt? Or do they have to prove to court the purchase agreement between them and the original creditor?