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.

Mental mindset when a debt collector calls you

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)


After you answer a debt collection lawsuit what should your credit report show?

After you answer a debt collection lawsuit what should your credit report show? Once you’ve been sued by a debt buyer such as Midland Funding, Portfolio Recovery, or LVNV, and you’ve filed an answer, what should your credit report show? It’s excellent that you’ve answered the lawsuit. Most people fail to respond, which can be detrimental to you.  So what should the credit report show about this debt buyer? There are a few important things to look for when reviewing… (Read more)


What are debt buyers and what do they have to prove about ownership when they sue me?

What are debt buyers and what do they have to prove about ownership when they sue me? We talk a lot about “debt buyers” in our posts. Since we discuss debt buyers so frequently, I wanted to give you a definition and some examples to help you understand what a debt buyer is.  What are debt buyers? A debt buyer is somebody who claims to buy debt. These are companies like Midland Funding, Midland Credit Management, Portfolio Recovery, and LVNV. … (Read more)


Can a debt buyer truly collect against me?

Can a debt buyer truly collect against me? We are frequently asked if debt buyers can really collect against a consumer.  I’ve been a consumer protection lawyer for a long time, and a big part of my practice is dealing with these debt buyers who claim to have bought a debt.  They will tell you they have bought the debt, but is this true? Do they have any right to collect?  Does it make a difference if they have bought… (Read more)


What happens with your credit report after you win your collection trial?

What happens with your credit report after you win your collection trial? When you are in court and you win, what happens with your credit report 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’ve won your court case. What happens with your credit report now?  The judge does not… (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)