"What happens if I don't show up to my debt collection trial?"

Рет қаралды 4,652

5 жыл бұрын

Almost always you will lose.
So make sure you show up.
If you miss your trial date, either on your own or with a lawyer's help file a motion with the court asking for a second chance. Ask that the default judgment be set aside.
There are strict time limits on this so you have to know the rules.
Going back to not missing the trial date, put the date on your phone, on a physical calendar, tell your family to help remind you, take off work, etc.
Thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
"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." Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- on Thursday we'll be talking about some of the new FDCPA rules. 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: 37

@kennethakin271 Жыл бұрын

I had gotten a judgment but the thing is they never sent me directly a letter to go too court, so the ones who sued me did so behind my back without me having knowledge of it.

@stevemcc4447 Жыл бұрын

Thank you for the video. I never received a notice personally. It went to an old address to my mother-in-law. She just sent me a blurry picture if. My car was just repossessed and now I have no way to travel 3.5 hours to the court. What can I do? Can I contact the court?

@progressivesocrates2838 3 жыл бұрын

I missed my pre-trial date, but... also the debt collector also missed it...so judge set a date to hear the lawyer "why should he (the jugde) should continue the lawsuit? So, my question is: what should I say (object to continue)? How can I make the debt collector miserable? ( you know what I mean. Thanks.

@robertocanela2589 9 ай бұрын

What to do after I not showing up to court and default judgment against

@johngreen7395 3 ай бұрын

What if the debt collectors that sue u don't show up

@couchmayne4351 3 жыл бұрын

I tried to talk to a judge with advice you gave me I was told that it’s not possible and to speak to an attorney

@johngwatts 3 жыл бұрын

We can't talk to a judge without the other side there. Can't ask judge for advice. So try to find a lawyer in your state -- www.consumeradvocates.org/find-an-attorney Best wishes! John

@seanleverone7680 4 жыл бұрын

I had a pre-trial conference yesterday in court. The attorney for the collection agency did not appear and it was dismissed. What does that mean for me? Id the debt dismissed? Can I get it removed from my credit report?

@johngwatts 4 жыл бұрын

Sean it is mission critical to figure out if it was dismissed WITH or withOUT prejudice. You should be able to see that in the order or by calling the clerk. At least in Alabama, if the case is dismissed with prejudice, then yes I believe you should get that removed. If withOUT prejudice, then likely not. (Although see if it shows as disputed on credit report if you filed an answer denying/disputing the claims). If this was in Alabama call us at 205-879-2447 and we'll look it up for you. Best wishes and congrats on showing up and winning! John Watts

@sarahs7751 2 жыл бұрын

I waited til the last day to efile. I had no idea it would be so hard.

@Thefunkeemonkee 7 ай бұрын

What if they never showed up at all?

@avocadomegs4189 4 жыл бұрын

What if you're being sued by a 3rd party(LVNV), but they don't show up for the pre-trial? I had my pre-trial this afternoon, lawyer was a no show. I have 14 days to respond to something but I didn't quite catch what he meant. They're sending a copy of everything in the mail within 48 hours, and my trial is set for March. Can I file to dismiss with prejudice now, or do I need to wait until the trial to do so?

@SELF213_ 2 жыл бұрын

Do you have an update on your situation? I have court Thursday, I hope they don't show up.

@darianmarson9434 8 ай бұрын

What if they missed the trail date

@SELF213_ 2 жыл бұрын

Debt collector keeps postponing court hearing and I keep showing up eveytime. This would be my 3rd time, I have court Thursday. They are 3 hours away from our court hearing. Do you think they will show up?

@edwardg9989 Жыл бұрын

Did they show up?

@truthskr7127 Жыл бұрын

If you paid the debt collector, do you still need to show up in court?

@glennthornton9357 5 жыл бұрын

I contacted your office today. If you win a small claims lawsuit, do you proceed to take case to federal court after the case? Also can you get lawyer fees back for small claims court in federal court? Thanks

@johngwatts 5 жыл бұрын

Glenn, I'm doing a presentation today for lawyers about defending the debt collection cases. When I'm done I'll get back with Carolyn and go over your situation and we'll talk offline. Thanks! John

@glennthornton9357 5 жыл бұрын

Thanks , I sent an email to Carolyn outlining my situation.

@beautybyvns3045 Жыл бұрын

I got summons that i was being sued in California this year around march found out in may that I was sued and that I missed my chance to answer the summons. I haven’t lived in California for two years and a half. I live in Utah, so my mother never told me about the letters that I was getting until months after. Is there any thing i can do?

@johngwatts Жыл бұрын

I would get with a CA lawyer to see if giving the lawsuit to your mom (when you don't live there) is effective service. And if it is not, what are your options. Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website kzfaq.info/get/bejne/i7SIgpqizcurcZc.html. Good luck with this difficult situation.... John Watts

@Floof_Factory Жыл бұрын

If the debt collector sues you, and you don't show up to court, can they get you a warrent for your arrest?

@johngwatts Жыл бұрын

No -- you would just lose at least in AL. If you miss a court date, I would let the judge know why and maybe they will give you another chance.... John

@KISHEEME 5 жыл бұрын

What if you already paid? I paid LVNV the full balance but they say that since it's so close to the trial date 3.14 they will appear to dismiss it

@johngwatts 5 жыл бұрын

You can either still show up or make sure you have something in writing from them saying that you do not need to be there and they will dismiss the case WITH prejudice. I would recommend pulling your credit reports about 30-45 days after you paid the balance to make sure LVNV (if reporting) says you owe nothing to them -- zero balance unless they agreed to delete the account from your credit report. Best wishes! John PS -- hold on to your settlement paperwork -- your proof of payment, etc. We have seen LVNV and others try to collect again or even sue again after the case is settled and you want to have easy access to your proof so save everything!

@KISHEEME 5 жыл бұрын

Thank you SO much for responding. This has been a headache and they are hard to communicate with. Just to be sure i think I'll show up and i will definitely check my reports for the zero balance. Thanks again!

@johngwatts 5 жыл бұрын

That's smart to do -- hopefully don't need to be there but better safe than sorry. :)

@rossifumifan1 5 жыл бұрын

Hi. I'm in Florida, are there any attorneys you would recommend for my state? I'm in the Treasure Coast area.

@johngwatts 5 жыл бұрын

I don't know anyone specifically -- there might be somewhere there in your area. I also would look at lawyers in other parts of Florida. For example, we handle cases all over Alabama not just near our main office. The best way to start is to plug in your state etc and then look at the websites of these folks. www.consumeradvocates.org/find-an-attorney Call or email them with your questions and see who takes the time to respond and who is helpful vs who is an arrogant pig. Wait, sorry, did I say that last part out loud? :) You do want someone you have confidence in AND you want someone you can be comfortable with also. Hope that helps and sorry I don't know anyone specifically for you. John PS -- here is an article I wrote a few years ago -- might be of some help to you -- www.alabamaconsumer.com/2014/05/dirty-secret-hiring-great-lawyer/

@CookingWithEdina 8 ай бұрын

I answered but I don't want to go to court. Now I got a court date 🙄 I'm not going! what are my options? I will lose.. I do owe the money.. lol can I file bankruptcy?

@johngwatts 8 ай бұрын

Do you owe the debt collector? Did it really buy your debt? Talk to a consumer lawyer in your state about defending you and also bankruptcy. Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website kzfaq.info/get/bejne/i7SIgpqizcurcZc.html. Best wishes John

@orlandofurioso9228 Жыл бұрын

What if you show up lose and you have no money to pay? Can you go to jail?

@johngwatts Жыл бұрын

I don't know of anywhere in the US where you go to jail just for losing a collection lawsuit. The one that sued you gets damages, and then they have to collect. If you get sued, definitely chat with a consumer lawyer to get an idea of your options. Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website kzfaq.info/get/bejne/i7SIgpqizcurcZc.html.

@cassieandherepreppylife3161 7 ай бұрын

@@johngwattsmy