Entries by Ken Gibert

Sued not Served

Sued not Served What Should I Do if I Know a Debt Law Suit Has Been Filed but not Served? Sometimes people find out they’re being sued before the plaintiff gets around to serving them. How does this happen? And what do you do if you find that out? People can learn about a suit […]

Your Right to a Jury Trial in Debt Litigation

Your Right to a Jury Trial in Debt Litigation Under the Seventh amendment you have a right to a jury trial for cases involving “damages.” Damages is a little bit of a term of art in this sense, but it basically means “money” for claims that were traditionally brought in courts of “law” (as opposed […]

What is Arbitration and Should you Seek or Oppose It?

Compel Arbitration or Oppose it? Arbitration. Should you compel arbitration? Or oppose it? I’ve recently had a comment on Youtube asking me to discuss arbitration, and it has also come up in several recent teleconferences as members contemplated seeking arbitration. Others have wanted to know whether to oppose a motion to compel arbitration. Let’s start […]

Light One Candle – Oct. 2021

Welcome to the first Light One Candle. As you probably saw, we call our newsletter this because it’s better to light one candle than curse the dark. If you’re facing big debt issues or even being sued, there is a series of steps you can take to get out of trouble. That’s what Your Legal […]

New Tricks of Debt Collectors

New Trick for Debt Collectors: File Motion for Summary Judgment before you Complete Discovery Discovery for Debt Collectors When debt collectors file suit, they usually start with everything they think they’ll need. It generally is only the very most basic information about your case – no more than two or three old statements and a […]

Spokeo, Activist Courts, and Consumer and Debt Law

People involved in debt and consumer law have heard a lot about “Spokeo” in the past few years, and they’re going to hear more. Spokeo is a wolf in sheep’s clothing, a Supreme Court decision purporting to limit the Judicial system’s ability to override the functions of the other branches of government, but actually itself […]