How to write your ANSWER for a debt collection lawsuit like a PRO

Рет қаралды 6,457

Күн бұрын

Пікірлер: 52

@arielejel8229 3 күн бұрын

I turned in my answer. One of my affirmative defenses was statute of limitations. I called the creditor and ask about this account and my last payment would show that it exceeds the statute of limitations. I asked the court to dismiss too. What’s gonna happen?

@RWlawFL 2 күн бұрын

If you properly raise it before the court, support your defense with proper evidence, AND you're right about the time frame, the judge SHOULD dismiss the case. But it sounds like you're not very familiar with the procedure. I wouldn't recommend handling your own court case any more than I'd recommend trying to take out your own appendix. Look for a lawyer in your state who handles this type of case.

@Lara92021 Ай бұрын

Hi, I still don't understand what to put after the numbers and letters on the complaint. Do I have to put I deny or admit, and / or do I write paragraphs 1, 2, 3? Sorry if I confuse you.

@RWlawFL Ай бұрын

As long as it’s clear which paragraph you’re responding to, it would be valid in Florida. Not sure about other states.

@arielejel8229 14 күн бұрын

What if the summons complaint says I agreed to monthly payment but the contract they attached says biweekly payments. Is that grounds to dismiss the case?

@RWlawFL 10 күн бұрын

If they are making false statements to the court, they are violating federal law. You may have the right to sue them.

@lalthapa4258 16 күн бұрын

Hi Mike, I have questions and want to talk to you, what’s the way to connect you ? Please let me know

@RWlawFL 9 күн бұрын

We offer Florida help for Florida cases. You can call 352-567-3173 which is the number in the video description.

@darleneharris3540 2 ай бұрын

Can an attorney be recommended in the Opelika Alabama?

@RWlawFL 2 ай бұрын

Yes! John Watts, Alabama consumer lawyer.

@jae.c.r 15 күн бұрын

Hi, How do I file a Motion for Arbitration?

@RWlawFL 9 күн бұрын

We never do that, so I couldn’t tell you.

@samanthadeer9622 Ай бұрын

Ok, do I still need to write a proper answer if I intend to ask for private arbitration?

@RWlawFL Ай бұрын

In Florida, you could just file a motion. Other states may differ. But generally, private arbitration is something we don't usually use. For debt collectors, we 1) don't need ti and 2) don't want to give up the money and other relief we get from a countersuit. For the original creditors, they usually don't sue unless the amounts at issue are large enough they'd agree to take the case to arbitration. It's just not the silver bullet some people claim it is.

@RockabillyQueen 4 ай бұрын

I got a small claims lawsuit served to me yesterday from LVNV Funding and it was for 1441. About double what it should be. All they have me was a page where I appear at a court hearing, three months from now. So I called my court clerk and they said you can send them an answer for a complaint, but there really is no need. She said you just need to show up on that day. So if this is true, do I still need to write out an answer for the courtdate and to mail them? Or is it something I just show up on that day? I'm almost certain that statue of limitations have ended. They sent me some insane generic statement with someone who represents them that the Account was opened in February of 2016.

@RWlawFL 3 ай бұрын

If you're in Florida, call us today at 352-567-3173.

@noesis1230 Ай бұрын

Do you support clients all over the state

@RWlawFL Ай бұрын

All over Florida. If you are in Florida, please call us today at 352-567-3173

@ReDPsych01 Ай бұрын

Will this apply to a lawsuit in Michigan when a university is sueing you?

@RWlawFL Ай бұрын

Every state will have different rules.

@samanthadeer9622 Ай бұрын

I thought I heard a knock at my door, peaked and didn't recognize the car and thought nothing of it. A few hours later I left my house and found an envelope laying on my front porch . I'm no lawyer but I don't think that is proper service. Do I have to answer? What if it blew off of my porch? It's from LVNV

@RWlawFL Ай бұрын

In Florida, that wouldn’t be proper service but it’s better to tackle it head on than to try to pretend you didn’t get it.

@samanthadeer9622 Ай бұрын

I'm sorry to bug you but you really seem to know your stuff. I'm in NY and was offered to file. I just don't want to do things out of order and make a mistake

@RWlawFL Ай бұрын

I have no idea what the proper course of action would be in NY.

@inklabdesigns 3 ай бұрын

This may be a stupid question. In one of the complaints on what was given to me, it just says "defendant eventually stopped paying the minimum payment." Would it hurt me to admit that statement, but deny the paragraph where they say I owe a specific amount (I am unsure of that amount)?

@RWlawFL 3 ай бұрын

Depends on your theory of the case, as we discuss in the video. Generally speaking, if you know something is both legally and factually true, and you’re not contesting it as part of your defense, admitting facts like that can be a tactical choice. Check out our most recent video about debt collection complaints.

@quickstrike2010 5 ай бұрын

I’ve had an attorney advise me through our legal aid program on answering admissions and pretty much all was Objected to based on compound questions or being to vague.

@RWlawFL 5 ай бұрын

Requests for admission are different from a complaint so they require a different approach.

@LeisaAlexander 2 ай бұрын

I've been issued a letter from my brokerage requesting an advance I received as a commission its not a summons

@RWlawFL 2 ай бұрын

I don't understand your question. But if this is part of your job, the laws we're talking about probably don't apply to this situation.

@user-oi7jt5jv6v 2 ай бұрын

what if if the lawsuit is for 2k in a civil court? Can you reach out to them directly to avoing going to court?

@RWlawFL 2 ай бұрын

You can do whatever you want. Whether it works depends mostly on who you're dealing with, and also what state you're in.

@millieschultz7831 5 ай бұрын

Thank you for ur advice

@RWlawFL 4 ай бұрын

You are very welcome!

@charless7903 4 ай бұрын

can a debt collector still report after receiving a debt validation letter ? in Massachusetts

@RWlawFL 2 ай бұрын

Under federal law, they can, but they have to report it as disputed. Some states may have tighter limits on what debt collectors can do.

@leilas1844 5 ай бұрын

Can a Credit collector for a private student loan collect from another state? Example VA address collector hired attorneys in Ohio to collect a debt that it was paid so far they send my to court?.. this is insane.

@RWlawFL 5 ай бұрын

As long as they’re licensed in your state, that’s usually not a violation.

@dirttdobber9229 3 ай бұрын

I got a letter from Midland not telling me what it is about demanding a video with someone,I have no idea what it is about in 2015 I paid them them when I sold my house so I don't know what it is about

@RWlawFL 2 ай бұрын

If all you got is a letter, you'll want to check out our dispute letter videos. This one is about responding to a lawsuit.

@dougs7367 5 ай бұрын

Discover filed a civil lawsuit against me April 4th. I wasn't served until the last day of April and e-filed an answer a few days later. It has been almost two months now and nothing more has happened. Is this normal? I'm in Land O Lakes btw

@RWlawFL 4 ай бұрын

Yes. But make sure to check the online court records. Discover, as an original creditor, is a much tougher case to win than a typical debt collector.