In a previous article we talked about whether or not your spouse can argue your collection lawsuit for you in trial.
Since they can’t represent you, you may wonder, “Well, can they come into the court room with me to support me during the debt collection trial?”
It depends.
There’s a unique law that it is sometimes simply called, “The Rule.”
The Rule states that if anyone in the courtroom can take the stand as a witness, then they can… (Read more)
When you’re facing a collection lawsuit, you generally have 5 options that you can choose from.
One of those choices is to handle the lawsuit on your own.
Among other thoughts, you may wonder when it comes time for trial, “I’m not comfortable arguing my case, but my spouse is able to handle it. Could they go to trial for me instead?”
No, your spouse cannot argue your collection lawsuit for you.
Unless your spouse is a lawyer, they can’t… (Read more)
This type of situation is becoming more common.
Let’s say that our first mortgage company has foreclosed on us, and we’ve moved out of the house.
The first mortgage company will collect their money from the foreclosure sale, but they don’t pay the second mortgage company except in very unusual circumstances.
We move somewhere new and started a new phase of life.
Years later, a company sends us a letter, claiming that we owe them money from our second mortgage,… (Read more)
One question that may come to mind when you’re dealing with a debt collector is, “What is Circuit Court, and at what point can my case be filed in Circuit Court?”
In this article we will help you understand this particular court.
“How much does a debt collector need to sue me in order for the case to be filed in Circuit Court?”
If you are sued for below $6,000, then your case will be Small Claims Court.
If it… (Read more)
A subpoena in your Alabama debt collection (debt buyer) lawsuit means that you have to show up at court for your trial or there are serious consequences. Let’s look at this and what it means for you.
You were sued and you filed an answer to the debt collection lawsuit
Otherwise there would be a default judgment against you. So you did a great job — answering the lawsuit. Especially in Small Claims or District Court, the next thing that… (Read more)
A natural question when you are sued by a debt collector is whether the statute of limitations is a good defense to the lawsuit. The statute of limitations defense is when the plaintiff — here the debt collector or debt buyer — waited too long to sue you.
But when do you start to count the time for statute of limitations — from when the lawsuit was filed or when you were served?
Sometimes it can be weeks or months… (Read more)