Frequently Asked Questions
We get a lot of the same questions because of the nature of the debt collection industry. Please take a look at these questions and their answers before contacting us. Bear in mind, also, that in-depth, substantive legal thought and response is really what our memberships are designed for.
Why Should I Defend Myself Pro Se? Isn’t it better to have a lawyer?
Most people who defend themselves pro se do it because they either cannot afford a lawyer to do it for them, or because they cannot find a good enough lawyer at any price.
The economics of defending yourself pro se are very good. The debt collectors hope to make a lot of money by handling a lot of cases at the same time, and they think most people will give up. By defending yourself intelligently, you can make it unprofitable to sue you. And while it might cost anywhere from $1,500 to $5,000 to hire a lawyer, you can do what it takes yourself in almost the same time. With our help, your chances of winning are excellent even if they debt collector doesn’t just give up – as they often do.
It is often better to have a lawyer if you can afford one. But debt law is less that way than most other kinds of law. This is because debt law is simple (compared to most law) and involves few witnesses and not very many “surprises” where experience can make a lot of difference. At the same time, because debt law defense generally involves people without a lot of money, it’s hard to find a lawyer who knows much about it. So they will often suggest a lame settlement, which is normally not a good idea at all.
Do Your Materials Work against Original Creditors?
Yes. When I represented clients in these cases, there used to be a more significant difference between original creditors and junk debt buyers. We’ve written a lot about the differences between original creditors and debt buyers. They boil down into two things: you are more likely to have a counterclaim against a “debt collector” (which all debt buyers used to be considered); and debt buyers are less likely to have the documents they need to beat you. These differences are still there, but they are less important now than they used to be. For much more on this topic, click on this link.
They’re Suing me and my Business, Can and Should I Defend?
If you and your business are being sued for a debt, you’re in a special situation. If you can afford it, we suggest you hire a lawyer for the business. If you do so, this lawyer could conveniently defend you as well. We suggest, however, that you consider representing yourself unless you have great trust in the lawyer. That’s because many lawyers do not understand the law well enough, but also because if you defend yourself you open up some possibilities that don’t exist if you don’t. Click here for much more on this topic.
Should I Buy Your Motion to Dismiss Pack?
The motion to dismiss pack is designed for a specific moment in a case, not as a general defense method. You probably need our Litigation Membership, but for much more on this topic click here.
They’re Suing Me and My Spouse, What do I do?
The answer to this question is going to depend on many things, including your state law and whether or not both you and your spouse signed the application or debt instrument. For much more on this topic, including how involved a “shy spouse” should be in the case defense, click here.
They’re Suing Me for a Lot of Money – Won’t they Fight Harder?
We have seen people sued for 25,000, $50,000 and $75,000, and the debt collectors treated them the same and eventually walked away from all of those suits. The reason may lie in a concept called “opportunity cost.” For much more on this, click here. https://yourlegallegup.com/blog/theyre-suing-me-for-a-lot-wont-they-fight-harder/
I Only Have Social Security and They’re Suing – What do I do?
The answer to this question can be complicated. If ALL you have is Social Security benefits, they can’t get those, but we don’t think that necessarily means you should just give up and let them get a judgment. Click here for what we think.
Should I Buy your Motion for Summary Judgment Pack?
Like the motion to dismiss pack, our MSJ packs are designed for specific moments in your case – very important specific moments. If the other side has brought a motion for summary judgment against you, you will want to consider our MSJ Defense Pack. If you think you should beat their motion for summary judgment, you will probably want the MSJ Omni Pack, which includes information on cross-motions. And if they have not filed an MSJ, but you want to, then our MSJ Offense Pack is probably for you.
How do I contact you?
The best way to contact us is either through our contact form or at info@YourLegalLegUp.com.
Chances are pretty good that we will not be available to answer a phone call. That’s because ours is a small office, and we are busy doing things we hope will add value for our members – like creating new products, articles and videos.
But there is another, more significant, reason. Most legal work is via the written word. It’s less convenient than the spoken word, but it makes you think more carefully. And our written words stand as a record of what we said. That makes it easier to clarify things when in doubt, makes it easier to take the proper time to analyze what got said, and of course makes it less likely to be forgotten. In other words, when you write us, and we write back, there’s a permanent record. We think this makes us all do and think more effectively.
I’m facing ___ situation and need advice… what do I do?
Please understand that we cannot give you legal advice, and when you tell us detailed facts of your situation and ask us what to do, that’s what you’re asking for – legal advice. You should also be aware that providing detailed responses leading you in the correct direction is a service we provide our members. Any question that goes into too much detail, or asks for too much, therefore, detracts from the value of our service to our members.
That said, our mission is to help people defend themselves against the debt collectors. We welcome questions that don’t take too much time to answer where the answer will empower you to defend yourself. But remember – we can’t tell you what to do. You must rely on your own judgment. Our goal is to help you develop that judgment.