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3 key ideas you must understand when sued by a debt buyer LVNV, Midland, PRA, etc

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Alabama Consumer Protection Lawyers

Alabama Consumer Protection Lawyers

Күн бұрын

This is from our weekly webinar and I wanted to share it here.
3 biggest ideas:
1. Danger you face by doing nothing when sued.
2. If you owe the original creditor does this mean you owe the debt buyer?
3. What are your five options now that you have been sued by a debt buyer?
Then the last half of the video is answering questions -- some on debt buyer lawsuits, some on credit repair, etc.
Hope you enjoy!
Thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamacon...
www.alabamacon... (to send us a message)
Our free weekly webinar is here -- my.demio.com/r... -- on Thursday join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

Пікірлер: 59
@leeann5442
@leeann5442 2 жыл бұрын
I think I have it figured out now ... the ace in hole for consumers against debt collectors suing you is the BINDING arbitration clause in the original contract with the ORIGINAL CREDITOR ... binding arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or MAY ARISE IN THE FUTURE ... if the debt collector takes you the court, I would argue not only do they not have legal standing, but the court system is an inconvenient forum and in violation of the binding arbitration agreement between you and the ORIGINAL CREDITOR ... if the original contract is enforceable to collect, then it is also enforceable to invoke the arbitration agreement - between you and the ORIGINAL CREDITOR - which the debt buyer does not want because it probably puts them in violation of the Purchase Agreement with the Original Creditor
@lilaelise7999
@lilaelise7999 2 жыл бұрын
Hah! Makes sense!
@lilaelise7999
@lilaelise7999 2 жыл бұрын
Well said!
@gbear1005
@gbear1005 6 ай бұрын
Oh, i filed a motion for the debt collector to reassign the debt to me for $1 .. and demanded a verification be attached to prove ownership.
@topvidsbeastmood2300
@topvidsbeastmood2300 4 ай бұрын
How did that work out ?
@dosesandmimoses
@dosesandmimoses 2 ай бұрын
The most concerning and interesting portion of my situation is how many people- my family members- advocated bankruptcy. There is nothing wrong if that is what needs to be done.. but to suggest it before even asking or offering to help. That is very concerning for the overall economic forecast. It has ramifications and impact far beyond the statement, just claim bankruptcy. That’s 7 years.. that’s others eating my debt. That’s no accountability - and that’s similar to what happened on the bank run on 1929. Not thinking of the ramifications that would throw a country into poverty, a dust bowl, desperation, and unemployment that took decades to overcome. My apologies for this interruption - I appreciated how you began your lecture. What happens if people non-chalantly give others advice that has not been fully considered. Watch too big to fail.. it will happen again with all of the short memories of the bankers and consumers. Thank you sir for asking the question early on.
@michellemarini5128
@michellemarini5128 2 күн бұрын
What about protected funds? I'm on SSI. Can I ask for accommodations for being able to sit during trial? I wanted to work with the true creditor, but they didn't even try to work with me. I don't do well cognitivly or mentally and am on disability. Isn't there a way to get free legal help.
@lilaelise7999
@lilaelise7999 2 жыл бұрын
I have been following you for quite some time now learning and educating by listening to all of your KZfaq as I have a Court date next month in front of the judge and LVNV’s attorney.
@johngwatts
@johngwatts 2 жыл бұрын
I would definitely go watch court with your particular judge to see how she or he does things. Also if you can talk to a consumer lawyer in your state that would be great to get the scouting report on your judge. Best wishes! John
@lilaelise7999
@lilaelise7999 2 жыл бұрын
Thank you for all you DO!
@johngwatts
@johngwatts 2 жыл бұрын
You are so welcome!
@fannychan6880
@fannychan6880 18 күн бұрын
What happen if I have a collection with MIDLAND CREDIT MANAGEMENT?
@lisafarmen9367
@lisafarmen9367 3 ай бұрын
Hello John! First of all I love your videos..and really really appreciate them. I was trying to send you a message through your contact section on website and tried from your youtube page section. However both kept circling back to the same page which was not a contact form. Is there a better link please? Thank you, lisa
@johngwatts
@johngwatts 2 ай бұрын
Thank you! Try www.alabamaconsumer.com/contact-us/ -- its been working as we get inquiries each day and I just tested it so hopefully it will work when you try it! John Watts
@jazmyngiles2707
@jazmyngiles2707 7 ай бұрын
Do I still have to pay the debt collector if my case was dismissed without prejudice?
@shawnweisen
@shawnweisen 2 жыл бұрын
Your videos are great, thank you for doing them! Question I have is I recently received a letter from a local law firm stating they are a debt collector and had been retained to collect a debt. Does that mean they bought the debt or something else? I have court with them in a few weeks and am not sure if they own the debt or not. Any help would be greatly appreciated.
@johngwatts
@johngwatts 2 жыл бұрын
Sounds like you are in a lawsuit. Look to see who the PLAINTIFF is -- does it show the lawfirm (unlikely but possible) or does it show an original creditor (Capital One, Discover, etc) or a debt collector (LVNV, Midland, Portfolio etc). That would be the first step. Second step is get with a consumer lawyer in your state -- www.consumeradvocates.org/find-an-attorney -- and see if they can give you some tips or advice on your judge, the collection firm, etc. Best wishes John
@audreymay9378
@audreymay9378 2 жыл бұрын
Fabulous content! Thx
@johngwatts
@johngwatts 2 жыл бұрын
Thank you Audrey!
@stayfocused2544
@stayfocused2544 2 жыл бұрын
Hi 👋. Where can I find a full listing of the FCRA and FDCPA Laws ?
@MissionaryInMexico
@MissionaryInMexico 2 жыл бұрын
John has posted links to those in the descriptions of some of his videos that deal with that.
@johngwatts
@johngwatts 2 жыл бұрын
www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V is for the FDCPA and www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III is for the FCRA. Hope that helps! Best wishes John
@gbear1005
@gbear1005 6 ай бұрын
If they dont follow the FDCPA EXACTLY be sure to counterclaim ... mine they did not send the notification within 5 days of first contact.. then sent the court summons to an address i have not been at for 20 years. since it was medical, i did not do a verification (public record concerns) .. lawyer forgot the bill of sale and master purchase agreement and lawyer did not know what interest rate was due to doctors. Judge was not amused.
@btina711
@btina711 3 ай бұрын
What can you do if you received a summons from lvnv funding when retired on permanent disability in nyc
@Yourmomshassole
@Yourmomshassole 2 жыл бұрын
What about the double collection of the debt? The original creditors take a loss on their taxes so they see no real financial harm, and in fact make some money on the “sale” of the debt. If they are willing to sell your debt for $.10 why can’t you buy it for $.10? That’s how billionaires have fleeced us all and are building literal mid-life crisis over compensations to mars. Why can’t the little guys play by the same rules?
@crackercarlbumpkin866
@crackercarlbumpkin866 2 жыл бұрын
He cannot answer such things, for he has pledged his allegiance to The B.A.R. Oh, and Act Of 1871. . . "You" ain't real & implied consent is a helluva drug
@lindaevans8446
@lindaevans8446 2 жыл бұрын
I'm 63 and I don't make hardly any income and I can't afford it and I'm getting ready to retire 2 years
@johngwatts
@johngwatts 2 жыл бұрын
If you don't have money to hire a lawyer, you can spend some time to get ready to do it yourself. Let me know as we have some resources for Alabama folks -- might be of some help even if you are not in AL. Best wishes John
@MissionaryInMexico
@MissionaryInMexico 2 жыл бұрын
Linda, if John offers you help in any form you must absolutely take it. Also, remember if you receive social security or VA benefits, they cannot touch that.
@lindaevans8446
@lindaevans8446 2 жыл бұрын
Hi John, I live in Nebraska but I don't know if I have a judgements against me or not, but have gotten a couple of calls and there were 2 messages from attorneys but they never stated what they were?
@johngwatts
@johngwatts 2 жыл бұрын
Yes govt benefits tend to be protected. You do need to find out your state laws on your assets and if those can be seized (bank accounts, property, etc).
@johngwatts
@johngwatts 2 жыл бұрын
Linda I would see if any consumer lawyers in your state here -- www.consumeradvocates.org/find-an-attorney -- as they should be able to look up and see if judgments etc. John
@iamoflife
@iamoflife 2 жыл бұрын
The judge said he had enough evidence that they owned it ...so i lost my case, due to statements and letters etc...even tho there was no purchase agreement etc. After you lose, can you hire a lawyer and fight back?
@johngwatts
@johngwatts 2 жыл бұрын
Sorry that happened. Ultimately it is up to the judge. You may have the right to appeal or ask the judge to "reconsider" the result. Definitely get with a consumer lawyer in your state ASAP as very short time limits. www.consumeradvocates.org/find-an-attorney Hope you get some good news! John
@macgamer1973
@macgamer1973 29 күн бұрын
You can do something still not win anyway
@olgalemesh1032
@olgalemesh1032 6 ай бұрын
How I can find lawyers to settle my debts? Can you do for me ? I am in California?
@robertbarney6193
@robertbarney6193 2 жыл бұрын
I’m in Ohio and had my first pre trial today long suing my wife the magistrate wouldn’t let me speak on her behalf even tho she was there and said I could speak for her
@robertbarney6193
@robertbarney6193 2 жыл бұрын
I spoke with the attorney for Lvnv and told him I wanted to see the bill of sale the purchase agreement and the forward flow documents to verify ownership of debt he said he could provide an affidavit but I told him that’s not good enough
@johngwatts
@johngwatts 2 жыл бұрын
Yes unless you are a lawyer you can't represent or speak for someone else usually.
@johngwatts
@johngwatts 2 жыл бұрын
That's the position I take! :)
@robertbarney6193
@robertbarney6193 2 жыл бұрын
So even if my wife makes a notice of appearance on her behalf and names me I can’t speak for her?
@robertbarney6193
@robertbarney6193 2 жыл бұрын
What can I do to object on the affidavit what grounds do I have? The fact I can’t cross examine? What else?
@ByronBurton-zl2tz
@ByronBurton-zl2tz 3 ай бұрын
I beat midland twice, sworn denial boom case over
@johngwatts
@johngwatts 2 ай бұрын
Congrats!! Make sure they are off of your credit reports! John Watts
@adampro1797
@adampro1797 2 жыл бұрын
How did they buy it a month BEFORE THEY SOLD IT??
@johngwatts
@johngwatts 2 жыл бұрын
Apparently time travel is needed to buy it before it is sold! :)
@adampro1797
@adampro1797 2 жыл бұрын
@@johngwatts 😂😂😂
@balzoemg8415
@balzoemg8415 2 жыл бұрын
Do you know any Attorney’s that can help me with this in NYC?
@dhart9085
@dhart9085 2 жыл бұрын
If a judgment is granted . How long does it usually take affect? In Texas
@audreymay9378
@audreymay9378 9 ай бұрын
10 years and it can be renewed indefinitely
@jeanieologist4456
@jeanieologist4456 8 ай бұрын
Do you help Florida people
@Fasterfuel
@Fasterfuel Ай бұрын
I just will fill for bankruptcy
@georgemckenzie2525
@georgemckenzie2525 8 ай бұрын
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