Entries by Ken Gibert

How to Amend Your Answer

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Repairing Credit after Debt Litigation

You’re being sued as a result of things that are either happening now – or happened some time in the past. But things DO change. You will want to fix things eventually and move on to a better future. Here’s how you can get that started – starting while you’re still in litigation. Life after […]

Overcoming Default Judgments in Debt Cases

This is a companion to the video, “Procedure for Moving to Vacate Default Judgments.” This video explains why you should try to vacate (remove) a default judgment against you and generally how to go about doing it. The second video goes into a little more detail on that and tells you specifically what documents you […]

Motion to Vacate or Set Aside

If you missed the time for filing your Answer or showing up in court – even by just a few minutes, there is probably a default order or judgment against you. You will need to get that order vacated or “set aside,” the legalese for “removed.” You need the court’s initial judgment to go away, […]

Rule against Hearsay Evidence

The Rule against Hearsay is as close to a silver bullet as you get in debt litigation. I’ve often said that debt collectors don’t have and can’t get (cost effectively) what they need to beat you. The rule against hearsay is the rule that lets you keep the records they do have out of evidence. […]

Business Records Exception

The Rule against Hearsay is as close to a silver bullet as you are going to get in debt litigation, but the debt collector will try to get in their often bogus records using what’s called the “business records exception.”  You need to understand this rule and prepare to defend against it. In this video we discuss […]