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Guide to All Videos and Articles by Topic

Our videos and articles are now categorized in a sort of rough chronological order of use, from Debt Negotiation through Litigation and Credit Repair.

 

 

Debt Negotiation and "Pre-suit" Considerations

 

Is Bankruptcy an Option for You?

When people are being sued for debts, they often panic and look for the quickest, easiest, or least scary way out. And bankruptcy often occurs to them as the solution. I believe there are often much more effective ways to handle old debt, especially credit card or merchant account debt that has been sold to a debt collector, than bankruptcy. Panic is not necessary, and bankruptcy—at least at first--is seldom the best solution in a real-world sense. Here's why.

 

Debt Litigation

 

Pleadings

 

Filing Motions to Amend

An Answer to a Petition doesn't have to be perfect, but it must be timely. What do you do if you made some mistakes in what you filed? This article tells you how and why to amend your petition and provides a (simple) sample motion.

 

 

Counterclaims

Affidavits - Was There an Affidavit Attached?

Debt collectors use a lot of dirty tricks to get people to default. They want you to think that they have more evidence than they do have so you won't fight. One way they do this is by attaching affidavits about things they couldn't know or testify about in a trial. This video tells you why that's wrong and some of the opportunities it opens up for you.

How and Why to Create a Counterclaim when Sued for Debt

Third in the Seven Steps series of videos and articles, this one discusses the definition and purpose of counterclaims and how to make one if you're being sued for debt..

How Counterclaims and Res Judicata Work together to Help You

If you're being sued for debt, you need a counterclaim if possible to keep the debt collector in the suit. This article explains why this is so effective a tactic.

Importance of Counterclaims

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.

"In the Shoes of the Original Creditor" and Other Lies of Debt Collectors

Another of the dirty tricks of debt collectors is to pretend that they are the ones who lent you the money or gave you credit. This is designed to get you to think they have more information or legal rights than they do. If they make this mistake, you need to know what to do.

Jurisdictional Issues - Kicking the Debt Collector out of Court

This video discusses two jurisdictional issues that often come up in debt law cases  - ownership of the debt and "sewer service." Ownership of the debt can be disputed at any time, but service of process must be challenged in different ways - you can waive the jurisdictional issue by Answering the case. And there are other issues that can be waived by responding to the suit. Watch this video if you think there's anything about your case - the service, wording, or the way or place you're served - that might be wrong. Don't waive your objections by accident.

Debt Collector States its Attorney's Fee in Suit – Violation of the Fair Debt Collection Practices Act?

If a debt collector states a specific amount as a reasonable attorney's fee as provided by contract and asks for it in the lawsuit, it probably violates several parts of the Fair Debt Collection Practices Act.

The Differences between Original Creditors and Debt Collectors

Original creditors and debt collectors are treated quite differently in the law, and if you are facing one or the other either in negotiations or litigation, you should know those differences.

Frivolous Claims and Defenses - Is the Debt Collector Trying to Intimidate You?

Debt collection lawyers, who file frivolous pleadings every day of the week, sometimes try to intimidate pro se litigants by claiming that what they are saying is "frivolous." This article discusses how far can you go before the court punishes you for saying the wrong thing.

Res Judicata, Claim and Issue Preclusion

Under what circumstances could you lose a claim by failing to bring it? There are a number of concepts that balance fairness, judicial economy, and finality in the law. You need to read this if you think you may have a counterclaim.

Should You Sue the Debt Collector's Lawyer?

Lawyers representing debt collectors are usually debt collectors themselves in the eyes of the law, and you can sue them personally for the things they do to you. Should you? This video discusses some of the pros and cons of suing the debt collector's lawyer and firm.

How to Sue the Debt Collector in Eight (Easy?) Steps

If you're being harassed by a debt collector, you may want to sue it, and there are some very good reasons you might want to. Watch Be Aggressive - Sue Them for some of those reasons. Here are some analytical steps you might follow in deciding, and bringing suit against the debt collector.

Sending I.D. Theft Affidavits as Part of Discovery Violates the FDCPA, Pt. 1

Some debt collectors got a bright idea - why not make people think they have to prove the debt isn't theirs, rather than the debt collector having to prove the defendants owe the money? Or better yet, why not scare them into giving up? The latest trick they use for this is sending a "I.D. Theft Affidavit" which you're supposed to send to the police. I think this violates the FDCPA.

Sending I.D. Theft Affidavits as Part of Discovery Violates the FDCPA, Pt. 2

Some debt collectors got a bright idea - why not make people think they have to prove the debt isn't theirs, rather than the debt collector having to prove the defendants owe the money? Or better yet, why not scare them into giving up? The latest trick they use for this is sending a "I.D. Theft Affidavit" which you're supposed to send to the police. I think this violates the FDCPA.

Court

What to Expect Your First Day in Court

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.

Arguing Motions in Court

What to expect and how to prepare for arguments in court. This article tells you how motions work when and how to argue, what to expect and things you need to know before you walk into court.

Debt Trouble

Ability to Pay

What if you can't afford to pay the debt collector? Is that any sort of defense? and should you mention it to the debt collector before or during litigation?

Blaming the Victims

Debt Collectors often blame consumers for getting over their heads in debt. But banks' business model for the past thirty years has encouraged consumers to get behind in payments and owe increasing amounts of money. That's the way banks make most of their money. Debt ridden consumers are more the victims than the banks - reject debt collector morality and fight back.

Business Debts and the FDCPA

What if the debt you are being pursued for or sued on was a debt on a business credit card? what if it was for your business? And what if it's your business being sued? Does the Fair Debt Collection Practices Act apply? This article gives you a way to start answering these questions.

Debt Collectors vs. Debt Buyers

If you are negotiating, you need to know who you are dealing with - what their legal restrictions and definitions are. Sometimes a debt collector will hand you a key that can free you from your debt, and you would negotiate differently with them anyway.

The Differences between Original Creditors and Debt Collectors

Original creditors and debt collectors are treated quite differently in the law, and if you are facing one or the other either in negotiations or litigation, you should know those differences.

Jurisdictional Issues - Kicking the Debt Collector out of Court

This video discusses two jurisdictional issues that often come up in debt law cases  - ownership of the debt and "sewer service." Ownership of the debt can be disputed at any time, but service of process must be challenged in different ways - you can waive the jurisdictional issue by Answering the case. And there are other issues that can be waived by responding to the suit. Watch this video if you think there's anything about your case - the service, wording, or the way or place you're served - that might be wrong. Don't waive your objections by accident.

Reaging, Reviving and "Novating" Old Debt

Debt collectors use many tricks to avoid the statute of limitations, and they will often break the rules by simply putting new dates on old debt, but they also have other tricks up their sleeves. Here are a few you need to look out for.

Repossession in the Real World

This article "pulls back the veil" and lets the average consumer take a look at what goes on in repossession. This should help you decide what to do if you're struggling with car payments and wondering what repossession might do to you.

Settling with the Debt Collector

We often view settlement as just a nice way of saying "losing," and in debt cases it often is, but it can also be either a true settlement or even a victory. We discuss the ways settlements happen.

Should You Give Debt Collectors Money?

Should you give a debt collector money? what happens if you do? This video discusses the reasons people give money to debt collectors and the legal effects of doing so.

Should You Settle with the Debt Collector?

Often it looks like the debt collector has what it needs to beat you in court - they're experts at making you think so, but usually they don't. Even on the off-chance they do, however, you would still do better to fight a little bit before settling, and if you do settle, it should normally be for much less than they're asking. 

Requiring Verification-Your Secret Weapon

When debt collectors contact you for the first time they're supposed to tell you certain things. One of these things is that you can require them to "verify" or "validate" the debt. They're not supposed to take any further action to collect the debt until they do that if you ask. This video discusses how important this weapon is for consumers. (But don't try it if you're being sued whether they give you the warning or not.) And here's what to do if they don't verify before suing - if you've requested it.

Scam Alert - Payday Loans and 100 Days Till Debt Slavery

This video shows how an online company tries to lure people into self-destruction by offering easy cash and, supposedly, easy extensions on repayment, all within about an hour. This video dissects some of the tricks this company uses.

Silence Is Golden - Talking (or not) to Debt Collectors

Should you talk to a debt collector? What should you say? It depends on the situation and what you want, but generally you want to control the flow of information as much as possible. Any information you give helps reduce the debt collector's "collection risk" (the chance they'll win but not be able to collect). Any information you give helps them find your assets.

Silver Bullet - Is there an Easy Way out of Debt?

Is there an easy way out of debt? some magic formula to make it go away? A silver bullet to kill the debt collectors? No. But there are things you can do to give yourself a good chance to win if a debt collector sues you.

What if I Really Owe?

What if you (think) you really owe the debt collector the money? Should you just try to work something out? Try to pay without making them go to the trouble of suing you? No! You need to think this through, and this video will help give you some perspective on the legal and debt collection processes. Don't just pay before watching this one.

What is My Case Worth to Debt Collectors?

If the debt collectors are after you, how much chance is there that they will let you go? It might depend on how much they consider that your case is worth. Here's how they decide that.

What to Do if Sued

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.

What to Do If they Don't Verify

If you have requested verification within the right amount of time and they sue you before verifying the debt, it's a violation of the FDCPA. So what should you do about that? This article discusses the question.

What to Do If You Have Debt Troubles, Pt. 1

This is the first of a series of videos and articles that will give you guidance in you are facing debt troubles. This starts putting the problems in context - sign up for the series to get the rest.

What to Do If You Have Debt Troubles, Pt. 2

This is the second of a series of videos and articles that will give you guidance in you are facing debt troubles. This starts putting the problems in context - sign up for the series to get the rest.

Why Your Chance to Win is So Good

Don't give up if you're sued for debt. Your chance of winning is actually very good. The debt collectors almost never have what they need to win - all you have to do is show that.

Wishful Thinking - The Dreaded Enemy of People in Debt

It would be so nice if you could make the debt go away by arguing, once and for all, that only gold is money, that Federal Reserve Notes have no value so it doesn't matter that you borrowed them, or that there was no contract for the credit card you used. These arguments usually don't work but lead, instead, to disaster. Here's why and what to do instead.

Default

Overcoming Default

What do you do if you did not go to court at the time on the summons and defaulted? What do you do to try to get back in the case to defend yourself? This video talks about how you try to get back in the game with a motion to vacate a default judgment.

Procedure for Moving to Vacate a Default

How do you go about filing a motion to vacate and what do you do after that? This video goes into some of the nuts and bolts of the motion to vacate and the procedures you need to follow.

Defending Yourself

 

Ability to Pay

What if you can't afford to pay the debt collector? Is that any sort of defense? and should you mention it to the debt collector before or during litigation?

Answer the Petition: How to Answer Pro Se

This video talks about how to answer the petition and defend yourself even if you don't have a lawyer. It isn't hard to do if you know a little bit about what you're doing.

Answering the Petition

This article and video talks about why and how to answer the petition and some of the issues you face in doing so. First in a series.

Business Debts and the FDCPA

What if the debt you are being pursued for or sued on was a debt on a business credit card? what if it was for your business? And what if it's your business being sued? Does the Fair Debt Collection Practices Act apply? This article gives you a way to start answering these questions.

California Bill of Particulars (Part 1)

If you are in California, you have a powerful weapon to use to defend yourself from the the debt collectors - you can request a bill of particulars. If you follow through on it correctly, all the way, you may be able to cripple the debt collectors' case.

California Bill of Particulars (Part 2)

If you are in California, you have a powerful weapon to use to defend yourself from the the debt collectors - you can request a bill of particulars. If you follow through on it correctly, all the way, you may be able to cripple the debt collectors' case.

Class War - How it Applies to Debt Collection

There's a class war going on, and if you're being sued for debt you're on the wrong side! Here's a little about that war and some ways you can fight back.

Conducting Discovery

The way to defend yourself from the debt collectors is to fight back - discovery is the tool you will use to force them to give you the things you need to do that. This three-part series explains the various parts of the discovery process.

Debt Collector Dirty Trick

Debt collectors try very hard to get you not to show up, and one of their tricks is not to cooperate with you if the date happens to be inconvenient. Here's what to do if the date set on the summons for going to court is an inconvenient time for you and the other side won't cooperate with you in changing it.

Defend Yourself, Protect What's Yours

Don't let the debt collector take everything you own. This video shows you how you can begin to defend yourself and protect what you own.

Entry of Appearance and Other Essential Red Tape

If you are going to defend yourself, you should enter your appearance in the court and file an answer. This article discusses some of the red tape involved with that.

Four Sneaky Tricks Debt Collectors Like to Use

Debt collectors want you not to show up in court to defend yourself and they have lots of tricks to scare you away. This video talks about four tricks you might see them try and what to do about it to make sure you don't lose your rights.

"Frivolous" Defenses and Other Made-up Dangers of Being Pro Se

Debt collectors make their money from people not defending themselves, and they do everything they can to persuade you to give up. One of those things they do is try to make you worry about paying extra fees for "frivolous" pleadings. Don't let them scare you. This video helps you figure out what the real risks are.

Is Defending Yourself That Hard?

If you're being sued for debt and don't have much money for a lawyer, you may be wondering how hard it would be to defend yourself. This article tells you what it takes to defend yourself pro se, and it isn't that hard if you just get a little help.

Jurisdictional Issues - Kicking the Debt Collector out of Court

This video discusses two jurisdictional issues that often come up in debt law cases  - ownership of the debt and "sewer service." Ownership of the debt can be disputed at any time, but service of process must be challenged in different ways - you can waive the jurisdictional issue by Answering the case. And there are other issues that can be waived by responding to the suit. Watch this video if you think there's anything about your case - the service, wording, or the way or place you're served - that might be wrong. Don't waive your objections by accident.

Law of the Jungle

Being sued, especially for debt, puts you under the "law of the jungle." Whether you ever owed the money or not, you must defend yourself or you will be eaten by the debt collector. Luckily, you can defend yourself.

Mailbox Rule - How to Count Time in Lawsuits

This is what you might think: how to count time in the courts. When the rules give you 30 days to respond to something, when is it actually due? What days count toward that time? This video tells you how to figure it out.

Motions to Dismiss in Debt Law Cases,  Part 1

This is an article with video on how and when to file a motion to dismiss - often it's important to file before you even Answer the petition. This article explains why that can be so important. I put it in the "Defending" category because this is one of the first things you should think about when you get sued for debt - whether to answer the petition or file a motion to dismiss.

Motions to Dismiss in Debt Law Cases, Part 2

Concludes the article on motions to dismiss - how they work and what they do.

"Opportunity Cost" - a key concept for pro se debt defendants

Maybe the biggest cost the debt collectors have if you fight back has nothing to do with whether you can win or not. It's what they have to give up to keep chasing you. This video helps you understand the debt collectors' "opportunity costs."

Pro Se Defense

As a person defending yourself you have certain advantages and disadvantages. This video discusses the special risks and opportunities of defending yourself and how the courts look at you when you do.

Requests for Admissions - What Happens if You Fail to Answer

If you fail to answer requests for admissions in time, many bad things can happen to you and your case. It's easy to answer them, there's very little downside to denying something by mistake, and these requests are designed to take advantage of you.

Res Judicata, Claim and Issue Preclusion

Under what circumstances could you lose a claim by failing to bring it? There are a number of concepts that balance fairness, judicial economy, and finality in the law. You need to read this if you think you may have a counterclaim.

Robo-Signing: How Debt Collectors Can File So Many Cases

Robo-signing was big news in foreclosure a few years ago, but guess what? various types of "automated" suits happen in debt collection too. This article will give you some insight into that.

Is Defending Yourself "Hard"?

How hard is it to defend yourself? Will you be buried in books or on the internet? What's the hardest thing about standing up to the debt collectors? This video talks about why so many people give up - this site is designed to help you overcome it.

Mediation for Pro Se Defendants-Don't Lose Your Shirt

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.

Settling with the Debt Collector

We often view settlement as just a nice way of saying "losing," and in debt cases it often is, but it can also be either a true settlement or even a victory. We discuss the ways settlements happen.

Seven Steps to Take if You Learn You're Being Sued for Debt, Part I

First video and article in a series designed to help people recover from the shock of being sued and begin to take the steps that will protect themselves from the debt collectors.

Seven Steps to Take if You Learn You're Being Sued for Debt, Part 2

Second video and article in a series designed to help people recover from the shock of being sued and begin to take the steps that will protect themselves from the debt collectors.

Should You Settle with the Debt Collector?

Often it looks like the debt collector has what it needs to beat you in court - they're experts at making you think so, but usually they don't. Even on the off-chance they do, however, you would still do better to fight a little bit before settling, and if you do settle, it should normally be for much less than they're asking. 

"Unclean Hands" in Debt Litigation

What if the debt collectors have "played dirty" in some way - can this help you defend yourself? Yes - under certain circumstances. This article discusses how a party's "unclean hands" can affect the  outcome of the case.

What if I Really Owe?

What if you (think) you really owe the debt collector the money? Should you just try to work something out? Try to pay without making them go to the trouble of suing you? No! You need to think this through, and this video will help give you some perspective on the legal and debt collection processes. Don't just pay before watching this one.

Who Is Suing Me? Original Creditor or Debt Collector?

Who is suing you when the name of the original creditor is on the Petition (Lawsuit), but the signer of the petition is a lawyer with a lawfirm?

Why You Can Probably Beat the Debt Collectors

The debt collectors have many advantages if they sue you - they have money and experience on their side, so why do you have such a good chance if you'll fight back?

Discovery

 

Arguing Motions in Court

What to expect and how to prepare for arguments in court. This article tells you how motions work when and how to argue, what to expect and things you need to know before you walk into court.

Conducting Discovery When You're Sued for Debt, Part 1

How do you conduct discovery that helps you when you're being sued for debt? This video explains some of the first things you need to do to start the discovery process.

Conducting Discovery When You're Sued for Debt, Part 2

How do you conduct discovery that helps you when you're being sued for debt? This video explains some of the first things you need to do to start the discovery process.

Denying Requests for Admissions

Requests for admissions are a major threat to pro se defendants. What are they and how do you go about denying a debt collector's requests for admissions? What's the difference between "objecting" and "denying?" If you are facing requests for admissions, this will be very helpful. 

Deposition: Ten Tips for Preparing for Deposition, Part 1

Depositions don't happen very often in debt cases, but they do sometimes. If you receive a "notice of deposition," what do you do and how do you prepare? This video shows you how.

Deposition: Ten Tips for Preparing for Deposition, Part 2

This is the second part of the tips videos on preparing for deposition. Members get a lot more, but this should help you get started in a good way.

Discovery - Starting to Do What it Takes to Win

In the law, it's usually "push or be pushed," and this video is about you making sure you're the one who is pushing in your case. If you do, the debt collector might just give up - or might not conduct the discovery it needs to do. Either way, conducting discovery is important, and the earlier the better.

Interrogatories - First Step towards Winning

The way you make the debt collector or original creditor show you what they've got - and whether there is a weakness you can attack -- is by asking questions called interrogatories. This article explains the process.

Make them Answer Your Discovery

What happens when you go to all the trouble of writing and serving discovery on the debt collector? Most of the time they try to "stonewall" you by refusing to answer any of the questions at all. What do you do to keep things on track and keep them from doing that to you? This video talks about how you make them cough up the information you need to beat them.

Requests for Admissions - Get the Debt Collector to Help You Prove Your Case

One of the ways that you can sometimes simplify a case is by asking requests for admissions. If the debt collector fails to answer, they are considered "admitted," and you can use them to win the case.

Requests for Admissions - What Happens if You Fail to Answer

If you fail to answer requests for admissions in time, many bad things can happen to you and your case. It's easy to answer them, there's very little downside to denying something by mistake, and these requests are designed to take advantage of you.

Requests for Documents - Making the Debt Collector Show You What It Has

You want to know what kind of evidence the other side has in a lawsuit, so  you have to ask. In addition to interrogatories, you need to ask for all its documents. This is called a request for documents or "for production of documents."

Rule-Mandated Discovery

In some jurisdictions the parties are required to give each other certain information. If you're in one of those jurisdictions, that's a huge advantage for you - you'll probably get everything you need to win. This video tells you what to expect and how to use what you get.

When Does Discovery Begin?

Different courts have different rules about when you are allowed to begin conducting discovery - this article helps you figure out when you can start.

Evidence

The Business Records Exception to the Hearsay Rule

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.

Hearsay-As Close to a Silver Bullet as You're Going to Get

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.

The Rule against Hearsay - Your Best Defense against the Debt Collectors

This is the full article and video on the rule against hearsay. What is it? and why isn't it allowed? and why does it work so well against the debt collectors? This article and video answer those questions.

Understanding the Business Records Exception to the Rule Against Hearsay

If you are defending yourself pro se in a debt collection action, you will probably win or lose your case depending on how well you understand the rule against hearsay and its main exception in debt cases, the business records exception.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act

Here's a basic primer on the most important law that controls the debt collectors and your rights. There are other sources of rights, of course, but this is the most important one. You need to understand it.

Motions

Filing Cross-Motions for Summary Judgment

What you need to do when you think you should get a motion for summary judgment - but the debt collector has filed one first.

Motions for Summary Judgment

This is a lengthy article about one of the most important moments in a debt collection lawsuit - a motion for summary judgment. What is the motion? and what should you do about it?

Motions to Dismiss in Debt Law Cases,  Part 1

This is an article with video on how and when to file a motion to dismiss - often it's important to file before you even Answer the petition. This article explains why that can be so important. I put it in the "Defending" category because this is one of the first things you should think about when you get sued for debt - whether to answer the petition or file a motion to dismiss.

Motions to Dismiss in Debt Law Cases, Part 2

This is Part 2 of an article with video on how and when to file a motion to dismiss - often it's important to file before you even Answer the petition. This article explains why that can be so important. I put it in the "Defending" category because this is one of the first things you should think about when you get sued for debt - whether to answer the petition or file a motion to dismiss.

Motions to Dismiss When You're Sued for Debt

When is a motion to dismiss used? what does it do? And what does it mean? The basics of Motions to Dismiss.

Responding to Motions for Summary Judgment (Video)

If the debt collector has filed a motion for summary judgment against you, you need to act to protect yourself. This video tells you what motions for summary judgment are, why they're so dangerous to you, and what to do about them.

Responding to Motions for Summary Judgment (3-part article series)

This series takes an in-depth look at how summary judgment motions work and how to respond. Shows how to create a statement of contested facts, an affidavit, and other necessary things for your defense.

Should You Respond to a Motion for Summary Judgment?

What should you do if you've just asked for discovery - or haven't even gotten around to doing that - and the debt collector files a motion for summary judgment against you? You need to defend...

Original Creditors

Do Your Legal Leg Up Materials Work on Original Creditors?

If you're being sued by an "original creditor" - the person or company that originally claims to have lent you money or extended credit to you, the rules change. Does that mean the Your Legal Leg Up Materials don't work? or what can you do to defend yourself when you're sued by the original creditor? This video answers these questions.

Research

Easy Legal Research

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.

Settlement

Before You Settle

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.

Why Don't Debt Collectors Just Drop Your Case if You Fight Back?

If debt collectors don't really want to fight and probably can't win if you put up a determined fight, why don't they just give up as soon as you answer the petition? They have to think about other cases besides just yours. This video discusses some of the issues they must bear in mind - and how you can make it more likely they will just give up.

Start of Suit

Entry of Appearance and Other "Red Tape" of Defending Pro Se

Some things in lawsuits are exciting, but this video talks about boring stuff. It's just that you really need to know it. So make sure you do.

Was there an Affidavit Attached?

Did the debt collector attach an affidavit (sworn statement) to the petition when it sued you? Does it use one in any document it has given the court? If so, it may be giving you an excellent opportunity to file a counterclaim - and a window on why you can probably win this case!

Debt Collector Dirty Tricks

This video takes a look at a few of the dirty tricks that debt collectors use. Remember that the most important document they ever file is the petition - that causes about 80% of the defendants to give up. Take a look at some of the sneaky ways they're trying to get you to give up - and what you can do about it to make em pay.

"Frivolous" Defenses and Other Made-up Dangers of Being Pro Se

Debt collectors want you to give up, and they know lawyers are expensive, so they try to discourage people from defending themselves. One of the ways they do this is by calling your defenses "frivolous." What's the risk, really? Do you really have to worry about paying more if you defend yourself?

Should You Sue the Debt Collector's Lawyer?

The lawyers who represent debt collectors are usually "debt collectors" themselves in the eyes of the law. You could sue them. Should you?

Sued for Debt-Why Your Chances Are So Good

Why do you have such an excellent chance of winning a suit brought by debt collectors if you'll just fight back? You have some great advantages, and this video takes a look at a few of them so you'll know why you should fight.

Sued for Debt-What to Do

A lot of people freeze when they get sued - like a deer in the headlights. There are some simple, fairly easy, steps you can take to protect yourself and what you own. You owe it to yourself to get started. This video will help you see what those steps are and how to do them.

Outsmart Dirty Debt Collectors - Make 'em Pay

If you're being sued by a debt collector and the petition included the warning: "this is an attempt by a debt collector to collect a debt" or "anything you say will be used to collect a debt," or - especially - "you have a right to dispute and ask to have the debt validated," you may have rights under the FDCPA. This video explains why you might counterclaim, and if you've defaulted, why you might use this in your Motion to Vacate the Default.

Sue the Debt Collector
 

Be Aggressive, Sue the Debt Collector

You don't have to wait for the debt collector to sue you. You can sue them. Should you, though? This video helps you through that process of deciding whether the advantages outweigh the disadvantages of suing the debt collector.

How to Sue the Debt Collector in Eight (Easy?) Steps

If you decide to sue the debt collector, how do you do it? This video takes you through 8 steps of deciding, and starting, to sue the debt collector.

Summary Judgment Motions

Responding to Motions for Summary Judgment

If the debt collector has filed a motion for summary judgment against you, you need to act to protect yourself. This video tells you what motions for summary judgment are, why they're so dangerous to you, and what to do about them.

Should You Respond to a Summary Judgment Motion?

What should you do if you've just asked for discovery - or haven't even gotten around to doing that - and the debt collector files a motion for summary judgment against you? You need to defend...

Trial Tactics

You Must Object

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?

When Is Evidence 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.

The Business Records Exception to the Hearsay Rule

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.

Hearsay-As Close to a Silver Bullet as You're Going to Get

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.

The Rule against Hearsay - Your Best Defense against the Debt Collectors

This is the full article and video on the rule against hearsay. What is it? and why isn't it allowed? and why does it work so well against the debt collectors? This article and video answer those questions.

 

Collection Issues
 

Can They Garnish My Social Security Benefits

Are you on Social Security benefits? They aren't supposed to be reached by debt collectors, but you need to do some things to protect yourself. This video discusses the risks and options.

Can they Garnish Social Security

Another take on the question of If you are an elderly or disabled  American—or are receiving Social Security Payments for any other  reason—you may fear that debt collectors could seize or garnish  your income. The debt collectors may have suggested they could, or would do so if you do not pay them. Can they do it?

Repossession in the Real World

This article "pulls back the veil" and lets the average consumer take a look at what goes on in repossession. This should help you decide what to do if you're struggling with car payments and wondering what repossession might do to you.

Secret Danger of Garnishment to Social Security Recipients and Others

If you have a judgment against you - or are in danger of getting one, you are not the only one at risk of garnishment. You could be putting other people at risk, too. Anyone whose assets have your name associated with them is also at risk. Especially the elderly - you may need legal advice.

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