How to prepare for a Zoom trial Due to the Covid-19 pandemic, a lot of court cases are now being handled by Zoom or some other type of video conferencing program. In Alabama, where I practice, almost all of these virtual court meetings are done by Zoom. What are some steps you can take to make sure you are prepared for your upcoming Zoom hearing or Zoom trial? Make sure you have all the information for your Zoom meeting. Zoom… (Read more)
Mental mindset when a debt collector calls you Recently, I mentioned having the mindset that a debt collector is knocking on your door. I wanted to elaborate on this idea some more and give you another way to think about it. Instead of being scared when the debt collector calls you (which is what they want and expect), turn it into an opportunity. My phone rings and I answer. The debt collector confirms who I am, and then says, “This… (Read more)
How to know if Rule of Evidence 106 applies in your state court debt collection case Recently, we made a post discussing Rule of Evidence 106, also known as the Completeness Doctrine. Since making this post, we have received quite a few questions. This rule says that if you introduce part of a document then you are in fairness required to submit the entire document if requested. One of our Youtube viewers commented: “I quoted this rule to the plaintiff’s… (Read more)
Can I take notes with me to my collection trial to help me remember what happened? Can you take notes to your upcoming collection trial? Should you take notes to court? If you take notes to court, what does that mean? In Alabama, where I practice, you can certainly take notes with you to a trial. Anything that you take with you to court can be questioned by the other side. The collection lawyer can ask to see your notes. … (Read more)
What in the world are affirmative defenses? You’ll typically find affirmative defenses in Rule 8 of your Federal Rules of Civil Procedure. Most states tend to follow the guidelines in the Federal Rules of Civil Procedure, but be sure to check on your state’s specific rules. For Alabama, the state where we practice, you can find affirmative defenses in Alabama Rules of Civil Procedure Rule 8(c). But what are affirmative defenses? I’m the defendant and I say to the plaintiff… (Read more)