Thank you a very good and logical video and raises quite a few questions to ask the attorney and bring forth during the trail/hearing. Please make more of these as they are very good reasons to study this. Peace

This is SO GOOD. I’m not being sued but have a “LVNV debt”. John you explain things so well.

@johngwatts

3 жыл бұрын

Thanks!

@anjel28carter79

3 жыл бұрын

LVNV just contact a lawyer for me and I am unemployed at the moment. They sent me something stating they have been retained , though not being sued at this time. I don’t know how to handle this.

@lowrider5717

3 жыл бұрын

@@anjel28carter79 did you send them a VOD letter?

You are the best, by far!!! Thank you!!! I have court tomorrow, will keep all these things in mind.

@bethart1985

3 жыл бұрын

Hope you win! Would love an update once it is over! Is it over zoom or phone or in person?

@jeanblythe1595

3 жыл бұрын

@@bethart1985 It will be by phone since I don't have zoom. This will be part 2, after the Plaintiff tried to "prove" he owned the debt, and the judge set the date for later (which is this afternoon now) to "prove" ownership to me. Plaintiff sent the bill of sale :-) Fail!!! I'll let you know what happens when it's over. The best part is that, I'm ungarnishable, have nothing they can take from me even if they win. All I have is SSI, which they can't touch.

@bethart1985

3 жыл бұрын

@@jeanblythe1595 yay I hope you win!! Hope its good news!

@johngwatts

3 жыл бұрын

Jean do let us know how it goes. Hope you are very successful!

@jeanblythe1595

3 жыл бұрын

@@johngwatts There was a glitch in the phone system calling in, the cases had backed up so I had to keep calling in again every time the "waiting room" phone tossed me out, so it ended up looking like I was a minute late because it tossed me out and I had to redial everything just as they were calling me in. Then the judge asked me if Plaintiff had proven to me they owned the debt, and I said no---and the Plaintiff's lawyer immediately said, "Motion to bind over for trial." "Granted, date set, courtroom X, in person." And off he went to the next. He sounded peeved but I don't think it was at me (I hope not anyway). So I'm hoping we'll settle this all in March! I just finished the Interrogatories which will be mailed tomorrow, which gives them plenty of time to arrive by the deadline. The stress has really done a number on my health issues, which picked now to act up, so...I'm only giving this much detail because no matter how strong you feel, things can go in a way that surprises you so be ready for that. I sure haven't won yet, but I haven't lost either. I am still confident.

LVNV is suing me for $or $1300. Did a telephone hearing and told them I don't know LVNV etc and questioned their ownership. They said they have a Bill of Sale. I asked to see it. The lawyers office emailed it to me. It was very generic. Looked like they bought a bundle of accts with a file number. My name is not on it. I did some research online. In my state of Massachusetts the superior court added a new law. The bill of sale has to have the name of the person being sued and or the acct. number or part of it. The bill of sale they emailed me didn't have my name on it or acct. number. That is going to be my defense in court. Also in Massachusetts it says another thing they are required to do is send you a letter showing if the stature of limitations has expired OR not. I will get them on that too. I am nervous. Going to court on May 6th. Does anyone know if there will be a jury??? Oh...also they offered me to settle for $800.00 but I don't want to ruin my credit. If I pay this It will open a can of worms on my credit report. The original debt was just about at the end of the statue of limitations. Then they dropped this on me to re-start another 6 yrs with LVNV ion my report.

@dianecelento4974

Жыл бұрын

You're smart. How did it go?

@charmed2u2

Жыл бұрын

@@dianecelento4974 They didn't show up. Nobody from the lawyer's office showed up. They knew I was challenging them for proof of their ownership and they didn't have it. They knew they would be wasting their time. It was dismissed without prejudice or what ever they call it. Remember...Capital one is the only one who will have proof of your account. I was dealing with Credit one.

@gbear1005

4 ай бұрын

I also file a motion to enjoin the plaintiff from entering ANY more evidence than they presented in the original filing..

excellent tips thank you so much

I asked the plaintifs lawyer if the owned the debt itself, or a debt instrument. Either answer i demanded to know how much they paid for it. The bill of sale indicated for amounts remitted, but didnt say what those amounts were.

Basically it comes down to the purchase agreement

@johngwatts

3 жыл бұрын

A lot of the battle does come down to this -- when the debt buyers are not able to show standing (right to sue) because they don't show ownership....

@lowrider5717

2 жыл бұрын

@@johngwatts doesnt that apply to an original creditor too?? almost all contracts have a finance charge and under law the finance charge pays the debt off in case of default, so how can the original creditor have standing to sue?? isnt the real party of interest the insurance company? why dont people ask for proof whether the original creditor still owns the debt??

I had an attorney tell me since I'm disabled and there's no point in filing bankruptcy because my disability prevents them from taking leagul actions ? Is this true I live month to month and live under poverty level

Great vedio.

I went to court July 12 waited 3 hours. Judge said she had no more cases today then asked me why I was there. I showed paper work that LVNV was trying to sue me for $900.00 she then told me that it had been reschedule to August 16th. I never got a notice of date change and when I asked clerks office at courthouse they told me as well they had nothing to show I got the notice either. Is there something I can do or is this part of the game?

Glad we found you recently. You have been great help. We just got served papers by a debt buyer. The debt was originally from Citibank. We are turning in our answer on tuesday asking for proof and documents. My question is what happens next? If they respond, will someone else be serving papers at our door? Or is it now typically by mail? And also how long does this process take if it does go to trial? Are we talking weeks or months until the trial date? thanks so much for all your helpful advice! It is much appreciated!

@johngwatts

3 жыл бұрын

Beth you are very welcome. Good job on answering etc. The timeline depends on the court you are in and what state you are in. If in AL, I can give you a good idea. Other states you'll need to check with lawyers there. Here's an older video but it walks you through this in AL -- kzread.info/dash/bejne/g6d3uZVmaduzaKg.html Here's a very long video but it does answer over 150 questions that you might enjoy watching (or reading -- most videos have a link in description to an article). kzread.info/dash/bejne/i3iE1LqNqNTTldo.html Best wishes! John

@RussellD11

3 жыл бұрын

Where you "served" by an enforcement officer in person? Or did you just get a debt purchase notification by the debt buyer via the mail? I don't think you are in civil actions yet, and if you request validation and the $$ amount is low, you never will... ~ from my experience

@ArtistIrinaSharie

3 жыл бұрын

He’s The Best across KZread

@jeanblythe1595

3 жыл бұрын

@@RussellD11 It depends on the Plaintiff's lawyer--not all are very bright bulbs. The one representing the debt buyer in my case is continuing on even thought I am Ungarnishable--even if they win, they get nothing, and I'm fighting them every step of the way so they are literally working to get nothing. And my amount is low. I have court tomorrow, and in my answers to their questions, I was able to use their own documents against them. Lastly, I was never served by a person, just a letter in the mail.

@bethart1985

3 жыл бұрын

@@RussellD11 yes served actual lawsuit papers by someone that came to the door. It was filed with the court. We have to send in our answer to the lawsuit. It's for 6000 dollars. Citi bank was the original creditor but someone else bought the debt. Not sure how many times it's been sold. But we had 2 paragraphs on the suit. The first said did we have an account with Citibank ending in such and such number and equaling 6000ish dollars and that this company is in possession of the debt now. The 2nd paragraph is saying we owe them the money. The first paragraph we said deny and requesting proof of debt and the 2nd paragraph we deny that we owe them. Going to file the answer tuesday.

What if it's not credit but medical debt? I am having court in just 10 days and I am a stay at home mom and I have no clue what to say or do. I need some advice if anyone can help

Thank you! Any tips on how to work out a deal for no payment before it goes to trial? I'm on unemplyment and just got court papers last week

@johngwatts

3 жыл бұрын

Only two reasons they would agree to no payments. Maybe three. One is if they feel like you can sue them (have legit case) and will sue them -- they may do a mutual walk away where both sides agree not to sue. Two is if they feel like they cannot get any money out of you. They may say, "Let's do a consent judgment and we won't collect -- we just want a lien on your property so if you sell it we will get paid." Three if they feel they won't win at trial. But this is more related to the first one that they might get sued. What state do you live in? John

@firstnamelastname-ve9gj

3 жыл бұрын

@@johngwatts Thanks! NJ. I can't imagine what would be a legit case for me to sue them :) But I'm also not a lawyer. Chpt 7 is an option as well, as it's been over 8 years, but how does one know if the judge will agree to another chpt 7.

@firstnamelastname-ve9gj

3 жыл бұрын

@@johngwatts I guess these jerks are coming after people when times are tough with covid and the economy to get judgments and money again, even though many are out of work and hurting. Crazy.

Can you do videos on how to sue without a lawyer because all these are from the perspective of a defendant not a plaintiff

Anything that’s created out of the court is deemed heresay.

What if the name on the law suit has a deviation of your actual name whether you owe them or not.

can i add the last part to my affirmative defense? i never borrowed money from the plaintiff...

@johngwatts

Ай бұрын

We put in our answers that we owe the plaintiff nothing. You have to know your local customs etc but I would consider putting that in as long as the rules allow. Thanks John

so why couldnt you answer any question attorney asks with, " I do not have enough information or proof that your client has the standing or is the real party of interest yet to be asking these questions and since you are a debt collector i feel these questions violate the FDCPA under false and misleading questions concerning an alleged debt. Just a thought

@johngwatts

2 жыл бұрын

The Judge would say "Answer the question and leave the argument of standing or real party in interest to me". You certainly can raise those arguments but when it comes to answering questions you have to answer them in trial unless a valid objection based on rules of evidence. Good to always be thinking! John Watts

@gbear1005

4 ай бұрын

File a countersuit with a copy of your complaint .. now you have standing..

Can you elaborate on what you mean when you say if it references the purchase agreement? & how it differs from the bill of sale

@johngwatts

Жыл бұрын

Bill of sale says, "The accounts listed in the credit card purchase agreement" or "per the terms of the credit card purchase agreement" -- you'll find a reference to it in the bill of sale (creditor -> debt buyer) -- that's the document that I want to see in my cases. John Watts PS -- I'll find a bill of sale and do a video to show you.

@danaecole728

Жыл бұрын

@@johngwatts thank you very much. & even though when I watch you videos I’m watching in reference to my debt of my auto loan, can I still apply the same terms ? I notice you mention credit cards a lot! So I get confused some times. It’s still great info though!

@johngwatts

Жыл бұрын

Its not quite as clear in the auto world as credit card purchasing... Until you get to the det buyer who claims to have bought the loan AFTER default. Thanks! John Watts

@danaecole728

Жыл бұрын

@@johngwatts one more question.. what would be my basis in fighting this lawsuit ? What laws can I look up that would go against the creditor ? Or is there pretty much nothing I can challenge in court on this matter? & thanks for responding!!

Do you know anyone who can help me? I’m in NYC. I already have a court date. Please help!!!

Can you tell me why an attorney would want to depose you before a trial?

@johngwatts

2 жыл бұрын

Great question. Three reasons at least. One is to see how you do under questioning -- do you appear to be credible, etc. Second is to find out what you know so there are no surprises at trial. Third is to pin you down on your testimony as that may help the other side win the case before trial (summary judgment). If you would like to hear this in more detail I'll make a video on this. Thanks! John Watts

@lowrider5717

2 жыл бұрын

@@johngwatts followup is the cancelled the deposition, they will probably depose at trial i guess, i subpenoed their custodian in my trial brief with the exhibits and witness brief this is an original creditor, the only thing i do not like is they are allowing zoom trials which i feel are not constitutional or give proper due process, this process has gone over a year!! finally trial on the 28th!

I've got a trial that is July 12th and the original creditor is BofA, N.A.. The collection agency says they represent them. How would this be defended? First the account was referred to one collection agency. I disputed the debt and then the account was referred to the current collection agency that is representing BofA, N.A.. BofA, N.A. is the plaintiff in the case and this collection agency is representing them. Should I answer by trying to establish if the debt was written off? Who owns the debt? Why is this collection agency who is the debt collector, saying they represent BofA, N.A. when in fact this collection agency is collecting on their own behalf and not for BofA, N.A. who sold the debt? I'm assuming they did buy the debt and are collecting on their own behalf and that BofA, N.A. no longer holds an interest in the debt. Can BofA, N.A. still be the creditor if they have referred the debt to a collection agency? ?Can BofA, N.A. actually refer debts to collection agencies and still hold the interest in the account? Am I missing something here?

@kathleendambrowski8530

3 жыл бұрын

I have the same exact situation. I hope he answers soon

@lanastashchak3570

3 жыл бұрын

I’m in a similar situation. Would really appreciate a reply. Thank you very much!

@johngriggscomedy

2 жыл бұрын

@OverTaxed42Long - if the plaintiff is listed as Bank of America on your complaint then it is Bank of America the original creditor that is suing you. If it was a collection agency/debt buyer suing you, their company would be listed as the Plaintiff, not Bank of America. The other company you’re seeing is very likely the law firm Bank of America hired to file the lawsuit.

@OverTaxed42Long

2 жыл бұрын

Update: I filled a counter suit citing FDCPA violations. Several in fact. I also plan on showing the debt collector IS a debt collector under the FDCPA. I'm certain this is how they plan on avoiding their violations because of the BS written into part of it. Anyway, the creditor has handed the account to a different law firm/ bill collection agency. I will use this also as a violation because it's now harassment. They changed firms for no other reason than I counted sued and they know I will win that easily.

@kpopcpop7530

9 ай бұрын

@overtaxed42long: how’s your lawsuit, I hope you won! Can you share the outcome? Thank you!

What happens if the debt collector sues you but your full name is not spelled out as my full legal name on the summons?

@johngwatts

8 ай бұрын

At least in my experience, judges don't really care about mispellings or "Bob" instead of "Robert" etc. Your judge may be different and if you raise it the judges I know would just tell the Plaintiff (the one who sued) to fix it and then the judge would put it out of her mind and move on to the merits of the case. John

What about a person going through disability and thousands in hospital bills living in poverty