What should I do if I want to defend my own collection lawsuit? You’ve been sued and you’ve made the decision to defend yourself in your own collection lawsuit. You’re not going to hire a lawyer, or give up, or even settle. You want to defend yourself and fight the lawsuit. What should you do? If possible, go to court and watch your particular judge. At the time of this article, in 2020, we are still in the middle of… (Read more)
Evidence Rule 106: Completeness Doctrine in Debt Collection Lawsuits In this portion of our ongoing series discussing important rules of evidence, we will be taking a closer look at Evidence Rule 106. Specifically, we are looking at how Rule 106 works within a debt collection lawsuit. This is for lawyers who don’t normally go to court or consumers who do not have a lawyer and will be representing themselves. You’ve been sued by a debt buyer such as LVNV, Midland… (Read more)
What happens with credit reporting after you win your collection trial? When you are in court and you win, what happens with your credit reporting after the trial? You want the debt removed from your report, but how does this happen? Do you ask the judge? Does this happen automatically? In this post, we’ll discuss how to wrap things up after you win. You go to court and you win your case. What happens now? The judge does not control your… (Read more)
Rule of Evidence 408: Settlement talks in a debt collection case In this portion of our ongoing series discussing important rules of evidence, we will be taking a closer look at Alabama Rule of Evidence 408. There are Federal Rules of Evidence, but each state has its own tweaks to the Federal Rules of Evidence. Specifically, we will look at the Alabama Rules of Evidence, since this is the state where we practice. Alabama Rule 408 is very similar to… (Read more)
Why do credit bureaus believe furnishers over consumers? Today, I wanted to talk with you about why do credit bureaus believe the creditor, or the debt collector, or a “furnisher” over you when you do a dispute? You believe there’s something wrong with your credit report. So, you reach out to the credit bureaus (TransUnion, Equifax, Experian) and tell them there is a problem with your Capital One account, your Portfolio Recovery account, or other debt collection account. You tell… (Read more)