Sued by a Debt Collector

Just because you are sued by a debt collector does not mean you will lose. Whoever sues you must show it owns the debt and that you owe the debt.

Debt collector sue you? Find out your 5 options now….

The video above is quite comprehensive but we realize some folks prefer to read rather than watch a video so we have the transcript below.  Feel free to watch (or listen — the slides are not critical to understand the presentation) or read — whatever your preference is…. And I realize you may rather just pick up the phone and call us — feel free to do this by calling 205-879-2447 and we’ll be happy to chat with you.  You… (Read more)


How to know if Rule of Evidence 106 applies in your state court debt collection case

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)


FDCPA: Get a statement when a debt collector calls a third party

FDCPA: Get a statement when a debt collector calls a third party One of the most terrible violations of the Fair Debt Collection Practices Act (FDCPA) that debt collectors make is contacting a third party about a debt.  What is a “third party”? A third party is anybody other than you, your spouse, or your lawyer. Everyone else in the world is a third party.  There are very strict rules about when a debt collector can contact a third party,… (Read more)


Can I take notes with me to my collection trial to help me remember what happened?

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 should I do if I want to defend my own collection lawsuit?

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

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)