Trial Issues – Evidence and Mechanics
Having a counterclaim – especially a good one, but even a weak one if necessary – gives you a big advantage. This video discusses why and what you should do about that.
People are usually more nervous about going to court on that first day – the date mentioned in the summons – than any other. This video tells you what to expect and how to prepare. You could come out of this day with a big advantage if you know what to do if the opportunity comes up.
A lot of people panic when they’re sued for debt. The legal system is scary, the debt collectors and their lawyers are scary, and the possibility of having your wages garnished is scary. This video helps you settle down and take a look at your options. And actually, things aren’t nearly as bad as you might think.
One of the big risks for pro se defendants is new things where you don’t know what to expect. Mediation is supposed to help the parties reach an agreement, but if you’re scheduled for mediation you need to know what’s going to happen. Watch this video.
Debt collection cases that actually go to trial are often decided on whether the debt collector can get its records into evidence – so that the judge or jury can consider them. They shouldn’t normally be able to do that, but they have tricks up their sleeves to try to do it. The Business records exception is the biggest way to get documents into evidence, and you need to know what to do about it -both at, and well before, trial.
Your best weapon against the debt collector is the hearsay rule. What is hearsay and why is it so important to you? Watch this video to find out. You must know this rule early in the debt litigation process.
If you’re being sued on a debt, there’s probably an excellent source of information nearby. This video tells you where it is and how to use it so taht you can save many hours of your time researching and writing.
There’s settling – and then there’s settling. If you’re tempted to settle your case against the debt collectors just as a way of getting out of it quickly or to avoid some catastrophe, you need to watch this video. Settling can actually be worse than losing sometimes – and it can also sometimes be better than winning. Make sure you’re on the right side.
I often say that the debt collectors don’t have the evidence they need to win their suit. They’ll try to get it in front of the court anyway, so what do you do? How do you keep their bogus affidavits (sworn statements) and billing statements out of evidence?
What makes some documents “evidence” and others not? What makes some materials okay to show the court but others not? This is a basic discussion of what makes things “evidence” and how you can use it.