Videos – General Consumer Issues
How to prepare for a Zoom trial
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
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
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 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?
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)
How should your lawyer communicate with you as a client?
How should your lawyer communicate with you as a client? If you hire a lawyer, how should your lawyer communicate with you and how should you communicate with your lawyer? Here’s the bottom line – the communication should be done in a way that is best for you. You need to express that to your lawyer. Your lawyer may not be able to do this exactly how you want, but there should be some conversation and an attempt to come… (Read more)
General breakdown of the 5 categories FICO looks at for your credit score
General breakdown of the 5 categories FICO looks at for your credit score FICO is the dominant credit scoring model in the country used to determine eligibility for mortgages, auto loans, credit cards, and more. There are 5 categories used by FICO to determine your credit score: Payment History Amount / Utilization of your debt Age of debt Number of inquiries Mix of debt In this article, we will provide a brief overview of these categories and what they mean. … (Read more)
Have to wear a mask in court? Then practice under same conditions as trial with a mask on.
Have to wear a mask in court? Then practice under the same conditions as a trial with a mask on. You have a court date coming up and you understand that either your courthouse or your particular judge requires you to wear a mask. How do you prepare for that? I understand that for some reason a mask is very triggering for some people. This article is not about the effectiveness of masks or anyone’s political views. This article is… (Read more)
Can your credit card company defer payments due to Covid-19?
Can your credit card company defer payments due to Covid-19? We are all being affected by Covid-19 in some way. Maybe you’re not able to work or you are struggling to pay for childcare when the schools are closed. Perhaps you are dealing with mounting medical bills. For whatever reason, you are struggling to pay the credit card, the car loan, or the mortgage. While going through these uncertain times, be sure to keep the following things in mind. NOTE: … (Read more)
Stupid mistake I made nearly caused me to lose a case
Stupid mistake I made nearly caused me to lose a case I want to tell you about a stupid mistake I made that was almost very costly. I tried to take a shortcut and it almost blew up in my face. One day, I had a very important hearing in a big case about four hours away from my home. The trial was early in the morning and I did not want to wake up at 4:00 AM to drive four… (Read more)
What are before and after witnesses in a lawsuit?
What are before and after witnesses in a lawsuit? You have been asked to provide before and after witnesses for your case. What are they and why are they important? We’ve all seen before and after photos. The person in the before photo is miserable, unhappy, overweight, grumpy or whatever the case may be. After the cleanse, the exercise program, whatever is being advertised, they are glowing, happy, and feeling great. The point is to illustrate a dramatic change resulting… (Read more)
3 questions you must ask before filing any type of lawsuit
3 questions you must ask before filing any type of lawsuit These three questions apply to any lawsuit – personal injury, consumer lawsuits, etc. These are not all of the questions, but they are the most basic, big picture questions you must answer first. Did the defendant do anything wrong? Are you hurt or damaged? Does the defendant have money or insurance to pay for your damages? Let’s look at each of these in more detail. 1. Did the defendant in this lawsuit do anything… (Read more)
What is a removal of my case from state court to federal court?
What is a removal of my case from state court to federal court? This is where a state case is moved (“removed”) to federal court. So the case literally started in state court and now is transferred to federal court. That’s basically what this means. This is the right of a defendant who is sued in state court if one of two things has happened. The first situation is when there’s a federal claim involved. Let’s say you sue an… (Read more)
“If my car is totaled, I can’t be sued for any deficiency, right?”
If you’ve had the unfortunate experience of getting your car totaled in a car wreck, you may wonder, “I can’t be sued for deficiencies on this car, right?” Many people say that you can’t be sued, because you weren’t responsible for your car being totaled. However, the reality of the situation is that you do owe a deficiency on your car. If the loan on the car is $15,000, and the insurance company only covers $12,000, then you still owe… (Read more)
The Scorpion and the Frog– why do abusive companies break the law?
This is a little different from our usual posts, however, I believe this story will be beneficial to you as you deal with abusive companies. The Scorpion and the Frog This story has application to debt collectors, credit reporting agencies, car finance companies, mortgage companies, etc. Sometimes we sit and wonder, “Why do these companies do these dumb things where they’ll have to pay a lot of money after we sue them?” Read the story of the scorpion and the… (Read more)
Alabama Debt — Should I Hire A Debt Settlement Company To Help Me?
Alabama Debt — Should I Hire A Debt Settlement Company To Help Me? My experience has been that most Alabama consumers who hire a debt settlement company end up either scammed out of their money and/or sued by their creditors. So what is a “debt settlement company” anyway? In simple terms it is a company that promises to take your money and then negotiate with the debt collectors and original creditors to pay your debts. The idea is if you… (Read more)
Veteran Benefits — Pension — Aid and Attendance — Little Known Benefit For Veterans
Veteran Benefits — Pension — Aid and Attendance — Little Known Benefit For Veterans Alabama veterans deserve our gratitude and thanks for their service. The Veterans Administration (VA) recognizes this by providing for the VA Pension or what is often known as the “Aid and Attendance” benefit. This remarkable benefit can provide over $25,000 a year in tax free income to a veteran with one dependent — keep in mind a spouse is considered a dependent. A surviving spouse of… (Read more)
I’m Nervous About Giving A Deposition — Is This Normal?
“I’m Nervous About Giving A Deposition — Is This Normal?” Yes, it is normal to be concerned when your deposition has been scheduled. Let’s first talk about what a deposition is and then we’ll talk about what to do in one. If you are even thinking about one, it means you are in a lawsuit. Or you are about to be in a lawsuit. What is a deposition? A deposition is when you will be questioned by the lawyers on… (Read more)
Why We Are Consumer Protection Attorneys
Why We Are Consumer Protection Attorneys (Updated April 19, 2020) Like most people, we get asked “what we do” by people and as we answer that we will usually say that “I am a consumer lawyer.” Which leads to several questions which we thought we would go ahead and address here. What Is A Consumer Lawyer Or A Consumer Protection Attorney? A consumer lawyer or a consumer protection attorney is a lawyer that fights for his or her clients who… (Read more)
Why We Recommend Certified Mail, Return Receipt Requested When Dealing With Consumer Protection Issues
Why We Recommend Certified Mail, Return Receipt Requested When Dealing With Consumer Protection Issues Introduction Whenever you communicate with a debt collector, credit reporting agency (Equifax, Experian, Trans Union, etc), or your mortgage company, we always recommend that you do so by certified mail, return receipt requested. Sometimes our clients want to know why is it so important and why is it not good enough to just fax or mail a letter in a cheaper manner. Or send an email.… (Read more)
Two Reasons Why We Recommend You Not Record Phone Calls in Alabama
Two Reasons Why We Recommend You Not Record Phone Calls in Alabama We are often asked if abusive debt collectors should be recorded. The short answer is “No.” The longer answer is, “Not usually.” There is a lot of information on the internet about recording calls. We wrote this free report to help give you our perspective so you can have more information to make the right choice on whether or not to record calls when dealing with an abusive… (Read more)