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Being Sued Over a Debt? Here's What to Do - Ep. 6.211 

Steve Lehto
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22 авг 2024

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Комментарии : 448   
@charlz7777
@charlz7777 4 года назад
I can’t stress this point enough “Give all your money to an attorney vs giving it to a debt collector”. Just say’n
@mpossjr
@mpossjr 4 года назад
I recently had a major bank sue me for a debt that I owed. I was expecting the debt to be sold off but it wasn't and the major bank sued me directly. I represented myself, filed my answer. I made contact with the attorney's office representing the major bank. I was only able to speak to a representative of the attorney. They were not willing to agree on a settlement. I met the actual attorney before court and had a very good conversation. We agreed on a significantly lower amount (almost 50%) and an interest-free payment plan . We signed the deferred judgment and all parties are happy. I most-likely could have hired an attorney and negotiated the total amount even lower but I am happy with the outcome.
@philipbohi983
@philipbohi983 4 года назад
Apex the Destroyer - you'd be wise to consult a tax attorney too...if the bank "forgives" debt you owe, that amount can be considered taxable income for you in some situations. It happened a lot after the financial crisis as banks wrote off uncollectible debt, and stuck it to the debtors through the IRS. Also, confirm that your settlement included a clause that it won't adversely affect your credit.
@mpossjr
@mpossjr 4 года назад
@@philipbohi983 thank you for the advice. I'll check on that
@kevinoverholtzer3126
@kevinoverholtzer3126 4 года назад
saw a friend go into court with an attorney and he would have got the same thing if he showed up with out an attorney only diff was now he had to pay the judgement and the attorney he hired. If you borrow or lease something the court will force you to pay weather you have an attorney or not.
@magillax2665
@magillax2665 4 года назад
I agree on getting a lawyer. Learned from experience there is a legal network of people that know each other and it is not friendly to outsiders.
@MN_Engineer
@MN_Engineer 4 года назад
Amazing. The system has been made so complex that you need to pay someone hundreds of dollars per hour to speak for you, to say something like the debt is out of statute limitations.
@James_Hough
@James_Hough 4 года назад
As an attorney of 21 years, I encourage everyone to not pay the debt, but fight it with an attorney a year or two. Our kids need to go to college too.
@rosemariehogan1262
@rosemariehogan1262 3 года назад
Yeah, gotta subsidize those poor, starving attorneys.
@pipatron
@pipatron 4 года назад
I really enjoy these guest-episodes, I hope you can make more of them once in a while.
@cleanasdirt6832
@cleanasdirt6832 4 года назад
How does the defendant who hasn’t paid off his debt, afford an attorney?🇨🇦
@_DMAC
@_DMAC 4 года назад
Have a loved one in this spot. Now has judgements that are several years old. But, at the time didn't gave two dimes to run together. Couldn't fight the judgements in court... let alone afford an attorney.
@mbgrafix
@mbgrafix 4 года назад
You pay the attorney using credit. Then you don't pay the creditor. Then you get sued. Then you hire an attorney using credit. Then...(you get the idea).
@108gk
@108gk 4 года назад
Contingency agreements. Attorney only collects a percentage of successful. The total amount may or may not include up front fees, depending on the attorney's way of doing business.
@katiekane5247
@katiekane5247 4 года назад
@@108gk they won't do that for debt. Only lawsuits that may produce money for them.
@mbgrafix
@mbgrafix 4 года назад
@@108gk I do not imagine that ANY attorney would agree to a contingency agreement on litigation over a $1,000 debt. 🤔...it would be rather like inviting someone to an all-you-can-eat chicken dinner...then present to them a plate with a single chicken wing on it, and announcing to them, 🤠 "Thanks for coming! This is ALL of the chicken that we have, and so that is all-you-can-eat!"
@garycurry4600
@garycurry4600 4 года назад
Nice to see there are capable attorneys out there that tell you up front what to expect in plain English. Thanks for all your informative videos, and Happy New Year.
@trailertrashlee2778
@trailertrashlee2778 4 года назад
Im 50 years old, hired 3 different lawyers in my lifetime. 2 Divorces etc. Every time I was duped by them- not preparing, missing major facts, empty promises and leaving me look like a putz infront of a judge. Every dang time. How do you pick an attorney when they all talk a big game upfront but are a complete deadbeat when it’s show time? The regret in hiring them is extremely frustrating when you feel they did nothing except take your money
@johncooper8839
@johncooper8839 4 года назад
I feel your pain. My divorce attorney's office staff called me to tell me I didn't pay my fee. I promptly took in my receipt and the lady said I should pay more to have a "reserve" in case more costs came up. What??!!!. I told her to notify me if excessive costs occurred and I would pay then.
@tinpony9424
@tinpony9424 4 года назад
Many years ago, through unfortunate timing and poor decisions on my part, I was handed a summons by a debt collection agency. I knew it was going to happen one day, but didn't know who was currently holding the debt assignment, so I had some funds saved up for just this event. The day after I was served, I called the debt holder and negotiated a settlement amount, and asked them to send me a written letter outlining the terms of the agreement. When I got that letter, I went to the bank for a certified check in the full amount and mailed it off in registered/return receipt mail. I will probably hold onto that paperwork for the rest of my life just in case, but haven't heard anything regarding the matter since.
@danalynch8889
@danalynch8889 4 года назад
I had a debt collector threatening to sue me and I said go ahead. I told the person the only thing I own are my clothes, and a car that barely runs. I have no income because I have become disabled. I never heard from him again.
@DJBoise
@DJBoise 4 года назад
Get an attorney just to make sure your rights are not violated.
@AFloridaSon
@AFloridaSon 4 года назад
Good information for a lot of situations where debt comes sneaking in, or the creditor is "legally" scamming people. But, many creditors will work with you. They know the game, and they would rather get the better portion, as opposed to selling your debt at a loss.
@gatekeeper65
@gatekeeper65 4 года назад
That was a very informative, and extremely well produced interview. Very professional. Your past radio experience is obvious.
@justadbeer
@justadbeer 4 года назад
He stated "Even if you own a small amount, you should get an attorney" Better idea: If you owe a small amount - pay it
@roberte.3541
@roberte.3541 4 года назад
Creditors still send me a letter once in a while for a pickup I had lost to repo when I was 19 years old I’m 48!!!!! LoL
@georgevanhaezebrouck8809
@georgevanhaezebrouck8809 4 года назад
If you can’t afford a debt how are you supposed to afford an attorney
@edennis3202
@edennis3202 4 года назад
At least show up to court. The worst happens when you don't show up at all.
@musicloverme3993
@musicloverme3993 3 года назад
@@edennis3202 ... and hope THEY fail to appear!
@gerrygilmore4337
@gerrygilmore4337 3 года назад
charge it
@ritasplace1
@ritasplace1 3 года назад
@@gerrygilmore4337 If you don't have a credit card, then what?
@markmelon23mlf18
@markmelon23mlf18 4 года назад
In the UK debt is sold but it is unenforceable, you don't have to interact with 3rd party interlopers because there is no contract between you and them.
@stevelehto
@stevelehto 4 года назад
Since when? Sale of debt is from the common law and goes back hundreds of years.
@fanatichighdesertrailroader
@fanatichighdesertrailroader 4 года назад
One question would be is how large would the amount be , in order to get an attorney .
@mbgrafix
@mbgrafix 4 года назад
THE BIG QUESTION: Regardless of the issue...being sued... buying a house...etc... HOW...or...WHAT is the best way to find the best attorney for me? ...that is to say...one that is reputable, trustworthy and who has an excellent track record in representing their client. ...AND... HOW do I avoid unethical attorneys who will end up ignoring what is in my best interest and do things that are instead only in their best interest? Is there a practical way of accomplishing this?
@richardhowe4140
@richardhowe4140 4 года назад
There is no such thing..
@ts8744
@ts8744 4 года назад
I'd ask the attorney that's representing the plaintiff what attorney they lose to the most. That should get you where you're going.
@Mad.DawGSavageClips
@Mad.DawGSavageClips 4 года назад
Forget ethical lawyers. My lawyer has "double dipped" on me, the wife and my son but I still use him. Why? Very simple- he was a District Attorney. He not only knows most of law enforcement in my area but (from what he says) he is very good friends with most Judges in this district. I never even had to go to court! He most likely had a couple drinks with the judge and got a judgement in our favor. I doubt there is such thing as an ethical judge or lawyer.
@mbgrafix
@mbgrafix 4 года назад
@@Mad.DawGSavageClips Wow!!! And I thought that I was cynical!!! However I will say that I would not knowingly agree to doing anything unethical or dishonest in order to gain any sort of financial favor for myself (or for my lawyer). I value my integrity FAR above money and wealth.
@mbgrafix
@mbgrafix 4 года назад
@@richardhowe4140 Gee Richard, I truly hope that you are wrong! 😉
@fredfranklin1965
@fredfranklin1965 4 года назад
Wish Id seen this before. I ignored a summons .I ended up paying $10,000.00 on a $3600.00 old credit card debt. I got rolled .Garnished wages . It sure sucked .
@dynodon331
@dynodon331 3 года назад
Thank you for this. Here's hoping all the naysayers here read this. You know- all of the ones that think anyone who has a legal, medical or financial degree is evil. Big tipoff-anyone who says they are ALL bad is not someone to listen to. Windmills people, windmills. BTW, I have no ties to any of these professions who are supposedly always out ta get ya so I have no axe to grind here.
@thebeaubeaubo
@thebeaubeaubo 4 года назад
Tragically life circumstances can drastically alter your finances for the worse through no fault of your own making. Great video info. DON’T ignore a court summons to a debt collectors suite. ‘You loose by default’. You do need an attorney! Rich
@fractal4284
@fractal4284 4 года назад
I've had debt collector come after me from old is zombie debt you got to be careful talking to them cuz they can reset that clock I just send them cease-and-desist letter have to do it every once in awhile because he keeps getting sold off but it's been quite a while and everything's golden now
@robertmattison1282
@robertmattison1282 4 года назад
Never say yes on a recorded line. Ask for a number that you can call back. On sold debt. Accord and Satisfaction written on the check is cash the debt is paid. But you need to review the Accord and Satisfaction. I check my credit report and my name was attached to stuff claim I purchase.
@edennis3202
@edennis3202 4 года назад
@@robertmattison1282 That isn't true about the writing on the check. It's an old wive's tale.
@gerardtrigo380
@gerardtrigo380 4 года назад
I was injured on the Job over 20 years ago, and one of the Doctors did not file properly under workman's comp and tried to put that debt on me. He hasn't managed to do so, but every few years after that I have been contacted by a credit agency trying to get that money. I have yet to be sued for it, but it is an annoyance to get those calls. They generally do not proceed any further, when I fax them a copy of the workman's comp records. I have asked them to not resell that bill, but evidently greed is greater than my being bothered. It has been 5 years since I have last been called by a credit agency.
@J3AD
@J3AD 4 года назад
buddy got sued for credit card that was 8 years old, took him to court, he didnt show up, the original bill was 4300, and law firm figured interest and original bill was around 12k, judge gave judgement of 12k plus fees, and took it out of check for 4 years, he was happy, i was like you crazy, shouldve got lawyer.
@fredfranklin1965
@fredfranklin1965 4 года назад
That's what happened to me
@twothreefour234
@twothreefour234 4 года назад
It should drop after 7 yrs unless they sue. Had you gone to court you may have done better even on your own.
@edennis3202
@edennis3202 4 года назад
In some states like mine they only have 5 years to sue, and even at that there's only so much they can do. They can't take your house or car, and they can only garnish a certain percentage of your pay for a very limited time. Most cc companies don't even bother because they won't get much in the best cases. I saw one woman in court, being sued by Discover, and she just said she sold everything she had bought. Discover got $0.
@chrislemaster2695
@chrislemaster2695 4 года назад
just file bankruptcy
@brianjones4245
@brianjones4245 4 года назад
@@chrislemaster2695 Yes, this is something that is often overlooked.
@PacesIII
@PacesIII 4 года назад
Never accept envelopes from strangers. Especially if they ask your name.
@notpoliticallycorrect4774
@notpoliticallycorrect4774 4 года назад
Doesn't matter. As long as they can verify it is you, they can just drop the papers at your feet.
@PacesIII
@PacesIII 4 года назад
@@notpoliticallycorrect4774 --- never verify your identity to a stranger and never ever acknowledge a debt. If you're on the phone with a debt collector, never ever say the word yes.
@Bob-Lob-Law
@Bob-Lob-Law 4 года назад
Personal tragedy and medical bills I understand , Caught living way beyond your means you deserve what you get. Love this program , Have a Lawyer is a good solution , it would be better if it were Mr. Lehto
@JosePerez-zt8si
@JosePerez-zt8si 4 года назад
in other words for a collection company to sue you they need the original contract of the first time when you got the loan or the money, a computer generated statement is not enough.
@paulblair7515
@paulblair7515 4 года назад
This was a great video. Very informative. I'd really like to see you go around to other specialists and interview them. Divorce lawyer, criminal, a prosecutor, judge, attorney general.
@ningayeti
@ningayeti 4 года назад
Great content. I 'm in the middle of the video so maybe this will be addressed, but if you start payment on an old debt THE CLOCK STARTS OVER. That is the statute of limitations starts over. Don't agree to or sign anything with a collection agency, and NEVER give them access to your checking account. They will tell you the $10,000 that you owe will be discharged for only $1000. All you have to do is give them your checking account and routing numbers and it will all be taken care of. The next day the full $10,000 will be taken from your account.
@edennis3202
@edennis3202 4 года назад
I would ask who would be that stupid, but I just saw an interview with a 35-year-old soccer mom who sent thousands of dollars to a Nigerian prince.
@wetwriterrr
@wetwriterrr 3 года назад
I watch you, Steve, as much as I can and enjoy and learn from each. Also I like seeing your personality against the wall behind you.
@bettyboop6292
@bettyboop6292 4 года назад
I have high credit rating. My bank sent me notice that my house mortgage had been sold to another bank. The new bank /mortage owner informed me , that I was "behind" in payments . Not true, I went down to "my now, new mortgage owner bank" showed them my paid documents, credit ratings I asked for & met the managers of the current bank branch. They told me & reassured me that ",their was NO problem". Next house mortgage payment. Same issue, & follow. Up. I was now paying my mortgage at this branch & having them stamp my payment on paper. Again, asking for management to ask, Why? Listening to them shift from, no problems to "new account " adjustments, etc..I asked them.. it takes 3 months, to adjust to a new/ high credit rated account?. My former bank sold me. Sold my high rated/ solid payment history to make $%$ of my diligent work ethic. They sold me as a "prime" account to offset "deadbeats " . The problem was when we ALL received the same mail.
@pavelkacer8856
@pavelkacer8856 4 года назад
As always, great video and great interview! Thank you, Steve! One can tell you have experience from radio.
@999fine5
@999fine5 4 года назад
Hi Steve, I have a philosophical question for you @Steve Lehto. Do attorneys exist because law is so complicated, or is law so complicated because attorney exist? Happy New Year.
@jimb9369
@jimb9369 3 года назад
Attorneys exist because people are lazy.
@richbuggar
@richbuggar 3 года назад
Axiom: the law must be easily knowable by the vast majority of the population.
@scotcoon1186
@scotcoon1186 3 года назад
I think it's similar to the reason that turbotax and h&r block exist.
@chriswolf4828
@chriswolf4828 3 года назад
I love how it’s admitted that if you don’t have an attorney you are going to get steamrolled. So basically, yet again, if you can’t afford an attorney, you have no right to a fair and impartial hearing.
@HalkerVeil
@HalkerVeil 4 года назад
Fantastic interview. Great questions too.
@scotcoon1186
@scotcoon1186 3 года назад
I asked a collector for my signed application with a card agreement, or signed card agreement, as I couldn't verify the account without them, the debt was 8 or 9 years old then, and I had moved 2100 miles using 5 addresses in that time. He said nothing like that exists as people do that stuff online all the time nowadays. He was pretty mad when my answer to "how much will you pay today?" was "when will you send me the requested documents?"
@markspencer9743
@markspencer9743 2 года назад
This applies to folks, who have a good income, and own physical property with equity. (In other words, you have made a decision to not pay the debt, although you are able to.) In contrast, those folks, who are unemployed, and own nothing of value ... can simply disregard the Notice of Being Sued. In most cases, if you did not receive the paperwork "in person" ; you do not even need to show up for the hearing. Yes, they are going to Order a Judgement against you ... but, it means nothing. Understand, that it is not "against the law" to owe money. The issue, is whether or not you have the collateral that could be "court ordered" to be liquidated, to satisfy the debt owed. - Since you have no job, and no property of value ... there is little the creditor can do, to collect the debt. Thus, unless you are gainfully employed, and own property that could be sold, you would do well, to do "nothing".
@Mark-nt1jf
@Mark-nt1jf 4 года назад
Thank you! That was very informative. I have had excellent credit (generally over 800) for years, however, things can happen, and you never know, so thank you! If I ever get in a situation like you have described, I will get an attorney.
@urbosasfurry2126
@urbosasfurry2126 4 года назад
Yep, that's what happened to my 800 credit score...fighting false allegation lawyer costs, vicious custody battle lawyer costs, then a layoff. There went the money and credit score...ended up filing bankruptcy.
@missyd0g2
@missyd0g2 4 года назад
HOA suing for dues and fees but refuse to open the books for review.
@missyd0g2
@missyd0g2 4 года назад
Dooz Owings unfortunately the local County Court wants both parties work it out together. Next step is State Court. Thank you for your suggestion. Happy New Year
@philipbohi983
@philipbohi983 4 года назад
missyd0g2 - check your HOA bylaws and CCRs...they generally state that financials MUST be provided (with caveats of course), and usually require arbitration prior to court. In many states (like TX) if you sue the HOA and win, they must reimburse your attorney fees. So check with a good attorney, and if you have a good case they may take it. And if you don't, you better arrange payments because they WILL lien your property making it unsellable until you pay.
@Starski43
@Starski43 4 года назад
If they won’t open the books than I would guess that there is corruption involved. It’s quite common for a homeowners association to be involved in corruption. There’s usually a little to no oversight over the treasurer. A few years ago our HOA president pushed for a forgiveness program where owners could be forgiven thousands in back dues if they start paying again and are consistent with it for a year. Turns out, she was one of the ones that needed it most. The association had a lien against her property since 2012 and wrongfully dismissed it when she filed bankruptcy. The association can no longer go after her personally for the debt but had an obligation to foreclose on the property in the best interest of all the members of the association. The the president prevented the loss of her own property using her power and position to influence the vote and to prevent a board decision to foreclose on her property. The board had also been failing to hold annual meetings for enough Years that none of the current officers were legitimate, and there was no official board. So any decisions they made were not legitimate in any money they spent was it wrongful distribution of funds. They have also tried to amend the bylaws with a vote from a small number of members present at an annual meeting insufficient for changing the bylaws. They don’t seem to care with the bylaws say, they’re running the show their way. They will continue to do this until someone challenges them in court.
@corrosionoc69
@corrosionoc69 4 года назад
This sort of stuff should actually be taught in high school. The sellers/lenders often take advantage of people.
@KidCity1985
@KidCity1985 4 года назад
I had a basic business law class in high school, its helped me through out my life.
@NYyankeeboi
@NYyankeeboi 4 года назад
That wont ever happen, the lenders pay lobbyists to make sure something like that is never implemented.
@jamesmclaughlinprimitivele4587
@jamesmclaughlinprimitivele4587 4 года назад
My attorney wrote 2 letters, made 3 phone calls and had 500 of expenses? Get that was postage and his phone bill, then felt he earned the 12000 I had to pay him.
@thomasstephens1598
@thomasstephens1598 3 года назад
Hey Steve one thing you left out is that is I found to be vary important is that you get a layer that specializes in what your case is about. I know this because I made that mistake and I lost I don't think I could done any worse if defended myself.
@mikecolley-
@mikecolley- 4 года назад
Thank You. Great Video. Great Comments everyone. Steve, can you make a video on HOW TO FIND the correct attorney for whatever your cause. Great Vid!
@ghostshadow9046
@ghostshadow9046 4 года назад
Had a big problem in Alaska in 1980's with banks selling mortgages, mortgage on house got sold 5 times in 1 year, was a pain in the ass on figuring out who was supposed to get the payments, one bank that bought mortgage went bankrupt many banks folded back then.
@sinebar
@sinebar 4 года назад
Could you buy your own debt?
@musicloverme3993
@musicloverme3993 3 года назад
underrated comment!
@JakeSpeed1000
@JakeSpeed1000 4 года назад
Basically all he said was you need to give me money. It was like a cookbook that says, go out for dinner. Or, "How to mow your yard"..."Hire someone to mow your yard". I wouldn't trust that guy to represent me for anything. This channel has been so good on educating people on the law. This had nothing to do with education. It was 40 minutes of, "you don't need to be educated, you just need to give me money." The circumstances are irrelevant, you need to give me money. This is why people don't trust lawyers.
@jamesalias595
@jamesalias595 4 года назад
I have heard about many cases where debt collectors will sue people but not have them served, so they don't know there is a court case, then they get default judgements against them and when they go to fight it sometimes years later when they are actually having wages garnished against their will they can't fight the case as the judge will say that they should have been present in the first court case. How can they prove or disprove someone was served papers, do judges just assume that debt collectors are telling the truth. Not that this impacts me as I have been late on payments, but do know people whom are in default on one or more loans.
@SpeedbirdNine9
@SpeedbirdNine9 4 года назад
This is called "Sewer Service" SEWER SERVICE is an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party from having a chance to respond. This practice usually involves filing a false affidavit claiming that the defendant had been properly served court papers; then, when the defendant fails to appear, the plaintiff then applies for and wins a default judgment due to the defendant's non-appearance.[1] The phrase refers to the figure of speech of throwing the documents into a sewer, and is considered a fraud upon the court.[2] It was referenced in a 2019 United States Supreme Court opinion, ROTKISKE v. KLEMM, which featured an allegation of a debt collector winning a default judgment against a debtor through sewer service.[3] en.wikipedia.org/wiki/Sewer_service
@normav2226
@normav2226 4 года назад
Wow! I wish I could find an attorney RU-vid channel like yours in Houston. I have the hardest time getting anyone to talk to me when I think I might need one. I even pay for the legal plan through my job so I can reach the right type of lawyer Sometimes , I think they don't want the case because there's not enough money in it for them. I lose because of this. I feel very let down.
@NR-nf1il
@NR-nf1il 4 года назад
I agree you're probably not lucrative business
@tomnisen3358
@tomnisen3358 3 года назад
The lawyer might take payment. Can't file bankruptcy on a lawyer!
@WhittyPics
@WhittyPics 4 года назад
My Ex signed up for membership to a health club decades ago. She went back in later that day to cancel and the guy said no problem. He would cancel it. Well he didn't. She was getting harassed with paying several hundred bucks for a membership she never used. I called a lawyer and he wrote them a letter and a letter is all it took to get it ripped up. One thing he said was in her favor was the manager that signed her up was no longer with the company. It was the finance company harassing her. All I had to do was to pay a lawyer a few bucks to write a letter and the issue went away. I think at the time the cost of the membership was something like $600. Maybe not much these days but this was back in the 80s when this happened.
@gpslightlock1422
@gpslightlock1422 4 года назад
Attorneys telling us why we should give all our money to attorneys. Imagine that.
@rosemariehogan1262
@rosemariehogan1262 3 года назад
When you're sued by a debt collector, don't ever talk on the phone, keep everything in writing (first class mail, fax, email) as IN WRITING ONLY to keep them honest. DENY the debt outright and DEMAND the collector prove the debt by providing you with all his supporting documents including your signed contract. If they fail to produce that within a certain amount of time (in USA it's 30 days), then their case is moot. If they persist and take you to court, take all the correspondence and documents they sent and show the dates involved with you to court. Be sure the judge knows they failed to provide proof within 30 days of your letter. All correspondence you send them must leave a trail so use certified mail with tracking and signed for. I'm not a lawyer and I don't play one on tv, and I'm not offering legal advice, but this is what I would do if it were me.
@larrybe2900
@larrybe2900 4 года назад
Steve, perhaps you could highlight the duties of an executor for an estate. Generally what to expect from an attorney and what an average attorney should expect from the executor.
@ts8744
@ts8744 4 года назад
You're friend there is definitely more of what if think of as a "stereotypical" lawyer. Great video very informative!
@danwright469
@danwright469 4 года назад
Great discussion. One of thing that you did not mention is rarely does it go directly to court. There are preliminary phases so the defendant has time to ask for proof of debt and can raise expiration issues etc. As you two pointed out lawsuits cost money and debt collection companies will try lower level steps first. Everytime I have been contacted it was during the lower level steps. Never for me, but prior resident, prior user of a phone number kind of thing. It tool some effort, but eventually they left me alone with nothing on my credit report.
@sinebar
@sinebar 4 года назад
If you can't afford to pay your debt how could you afford an attorney?
@joelfeinberg3766
@joelfeinberg3766 3 года назад
Cont. The bank claimed the house had no electricity. They had a salesperson as a witness. The attorney asked how the inspection was made. In her response she said she made coffee. I whispered to the attorney how she made the coffee. She said with a Mr coffee he took the cue and said did you have electric. She said yes. The judge issued a summary judgment right on the spot
@rosemariehogan1262
@rosemariehogan1262 3 года назад
One thing people can do is go to the three major credit reporting agencies and dispute the debts. They're actually pretty good at throwing out false debt reports.
@frankieknuckles9610
@frankieknuckles9610 4 года назад
Your lawyer friend Adam seems like a good knowledgeable atty. And a good guy.
@michaelvout7813
@michaelvout7813 4 года назад
Great material. Is the bottom line just - if you are not responsible ( supported with good reasons) then you should be proved innocent and given compensation, but if responsible - then pay up.
@selfdo
@selfdo Год назад
if the debt is lawfully owed but you don't realistically have the means to satisfy it, or even a reasonable settlement, consult a BANKRUPTCY attorney. While a BK shouldn't be entered into lightly, the bankruptcy code is meant precisely for debtors that are financially "painted into a corner" without a realistic way out.
@daveyjones9930
@daveyjones9930 4 года назад
My son was being sued for a debt. I examined the paperwork and saw that it was 2 or 3 months past the SoLimitation. I told my son to write a letter immediately to the company suing him that simply stated "This debt is past the SoL. If you proceed, you will lose...and, may have to pay my attorney fees for having to defend this suit". He never heard from them again. This simple example can be done by the defendant...IF they know what the SoL date is. Turns out it was the company that was SOL (Shit Outta Luck)! :)
@daveyjones9930
@daveyjones9930 4 года назад
@@amyself6678 In my son's case it was a collection agency.
@ABT212
@ABT212 4 года назад
This video is the best example of what the internet can do for regular people.
@kannathraymaker
@kannathraymaker 4 года назад
I’ve been disabled for right at 20 years (since Dec 1999). I had really good credit before and as a result had a modest credit line on Visa card that I had historically kept paid off up to that point. It took a couple of years for my disability claim to be approved and in that time my card got maxed out. It must also be pointed out that my disability left me mentally unable to take care of anything for myself and it was my partner ran up the card, though it was for items that were for me. Skip forward a number of years. Bush was still president, but that’s the best I can do to what year exactly. The credit card company sued me. We had a legal shield plan, so I called for a referral and was given the advice that it was in my best interest to just not show up in that my sole income was social security and so I was judgement proof. They also gave me a referral to a local attorney, but they told me the same thing. Now here it is all these years later and that judgement is still hanging out there. I get letters from the debt holder now and again.
@Hillbillyhotcouple
@Hillbillyhotcouple 4 года назад
Sued 3 times in Pennsylvania for debts by debt buyers. I went against attorney's all 3 times by myself. All three cases dismissed at the preliminary objection stage. If you read and understand the law and the rules of the court you can defend yourself.
@tinac.9189
@tinac.9189 4 года назад
I hired an attorney on a contingency basis to fight a debt collector. It took a while to wind through the court system, but in the end we wore down the debt collector so much, they filed a dismissal with prejudice. 🙂. I had to attend a mediation and appear for a deposition. The key is to make sure you follow directions from your attorney and be willing to sign paperwork as well as make appearances as required.
@ezragonzalez8936
@ezragonzalez8936 2 года назад
I got sued by a 3rd party Attorneys office here in Utah I defended myself as best as I could $16K I was able to postponed the garnishment I could have filed BK but I did owe the debt took me 2 years to pay it off but its thankfully now paid .. ended up getting a credit card from the same company I owed that debt too ... being much more careful with spending on only things I need or can pay off in no more than 3 months .. Cheers From Salt Lake City!
@0g.Ghost.7373
@0g.Ghost.7373 4 года назад
I had a $200 credit limit with a company. I had my hours cut from 50+ hours a week to 20. That company told me to "Pay your F**king bill." when I contacted them to explain why it would take a while to pay them. After that I refused to give them a cent. They ran the credit line up to over $1000 and then sold it. That bottom feeder sued me. No attorney would take my case because the judge I was to be in front of " always goes with the debt buyer". I now owe them over $1300. They can bite me.
@johncooper8839
@johncooper8839 4 года назад
Steve, I like you and feel you could be trusted. Some of your colleagues aren't as, shall we say, diligent. Attorneys are people who have issues and some don't separate work hours from personal business in an efficient manner. While I can shell out a retainer fee, I don't relish having to repeat the process of retaining a laundry list of attorneys to find one that suits my needs. It's too costly and time consuming when the one you've hired after researching doesn't want to be there.
@joebates3272
@joebates3272 4 года назад
Being sued over a debt? Here is what to do. Don't buy things you can not afford and PAY YOUR BILLS.
@chas8008
@chas8008 4 года назад
This was a wonderful Video!!
@LA_Viking
@LA_Viking 3 года назад
I wanted to become an attorney but I failed the entrance exam. On the law school application they asked me for my father's name. Because I could answer the question, I was immediately disqualified and was forced to choose the medical field instead. And I am so thankful I did. If this video proves anything it shows how much you bottom feeders feed each other...on someone else's dime. I had a part time job as a Deputy Marshal for 7-1/2 years where I was a bodyguard for a judge. I don't know how many thousands of criminal and civil cases I had to sit through, but it definitely showed me that I would not have been a good attorney. I have certain mental health issues such as high ethics, strong morals, and so on, and I would have definitely been out of place.
@Infinite_P
@Infinite_P 4 года назад
Save up $, buy the stuff you want with that $, repeat. Prioratize your health insurance and the boring stuff over the shiny stuff. This will stop 95% of this from happening.
@Ryan_DeWitt
@Ryan_DeWitt 4 года назад
In other words, don't go into debt and spend less than you make.
@matthewk6731
@matthewk6731 4 года назад
Living within your means!? Are you crazy!? That's positively in American! 😁😁😁
@Infinite_P
@Infinite_P 4 года назад
@@matthewk6731 There is hope, the US personal savings rate has more than doubled since 2000.
@notpoliticallycorrect4774
@notpoliticallycorrect4774 4 года назад
True, but life happens. People get sick, lose their job, get divorced, etc.
@Infinite_P
@Infinite_P 4 года назад
@@notpoliticallycorrect4774 There is your 5%.
@jimdavis6833
@jimdavis6833 4 года назад
My home mortgage has been bought and sold 3 times in 21 years. To me the only thing changed is the name on the letterhead
@alvankarpas6245
@alvankarpas6245 4 года назад
From an old guy whose used some pretty good attorneys over the years. Watching two lawyers converse. I wish you could see yourselves. ;-) Good content. Stuff that is good for us to know. And I encourage you to personalize more of your content with regards to what we need to know from a legal perspective. You need to drill into our heads how to best handle a traffic stop when the officer begins asking benign questions, questions that he can later claim led him to believe we might be involved in some kind of illicit activity. Or "may I search your vehicle?" Sadly, the list goes on. But that is the kind of stuff that needs to be reinforced in some small, simple way in every episode. And you're a smart guy, keep the overall content unchanged, just throw in a few tidbits of lessons we, joe citizen need to take away. Just like Mark Dice so often prefaces with "Oh wait, what's this?" you can do something like "And here's the buckeye you can put in your pocket from this." I know, I used to live in Michigan too. Go Blue.
@Cheepchipsable
@Cheepchipsable 4 года назад
They don't really do that law, so it would be filled with caveats, plus it's going to vary from state to state. Interested people will already search for that info, but the people who really need to know this stuff are wilfully ignorant.
@alvankarpas6245
@alvankarpas6245 4 года назад
@@Cheepchipsable Nevermind...
@itsnotfar
@itsnotfar 2 года назад
Problem with taking your collection to a company is, they won't go collet the debt. They want to sell your debt ticket. While it collets 1% and if you don't keep records you contacted the collector every 7 years, they get to keep your ticket and you never see the money when they collet it.
@gregmoore3087
@gregmoore3087 4 года назад
Can you give a sample of this “automated process” and deadlines? Even with an attorney I would want to know my case deadlines are being met.
@notpoliticallycorrect4774
@notpoliticallycorrect4774 4 года назад
Google is your friend.
@gregmoore3087
@gregmoore3087 4 года назад
I don’t trust Google, Attorney at Law, any more than Dr. Google, MD or DVM.
@steffybael1245
@steffybael1245 2 года назад
There was a repo guy that was snooping around my home one time looking for a harly davidson that i had sold to a guy that quit making payments. i called the number he left with a neighbor and invited him to come and look in all my buildings. he looked round and couldnt find the motorcycle, i gave him a photocopy of the guys drivers license from another state, informed him that my doctor will testify that im unable to ride motorcycles any more because of my back, and to inform harley davidson this. i had paid $25,000 cash for the motorcycle in lousiana and borrowed $10,000 on it in south dakota from a harley dealer. my back got so bad i advertised it for sale on internet and got a counterfeit check in the mail that i turned over to the sheriff department, then sold it to a guy for $5000 cash and take up the payments. the guy most likely put it on another frame or just registered it using a title for a dead bike because he never registered it with the title i gave him!!!
@ammm90000
@ammm90000 3 года назад
I was sued for a ghost debt in a state I didn't even live in. The people living at my old address tracked me down to let me know they received the summons in the mail so I could pay an attorney $200 to get it dismissed for invalid jurisdiction. If they didn't tell me about it I would've wound up with a default judgment.
@brockm4047
@brockm4047 4 года назад
In my opinion, one should know basic law, then you can follow along with your lawyer much better and can ask or answer questions intelligently. That was my experience.
@jpol3808
@jpol3808 4 года назад
Hi Steve. I'm unsure as what to say about that interviewee. The interview was spot on, but I found many of the answers to be of the cookie cutter nature, that he would have given anyone going to see him for a general consultation. I was expecting a lot more behind the scenes advice, that isn't spoken about between the client and the attorney. More how to's, when to's, if they- then's. To learn more of what it is that they have to do on your behalf, and how to proceed if you decide to go the route yourself. Overall a nice semi informative video and I hope you make many more like it in the future. If you could try to make them describe in steps, the job they do behind the scenes for the client, that the client never sees, but would have to do for themselves if they didn't hire an attorney, that would be great. I hope you do another interview with someone else regarding this topic, because of its prevalence right now in society, with 50% of families or more existing from paycheck to paycheck and with a high average of credit card debt and medical debts following close behind them. I can chime in for the medical debts, that when you receive that first big bill for the part of the costs you have to pay, call you medical provider on your policy and try to get them to set up a payment plan. Many will accommodate you and it's interest free to do so. Otherwise call the doctors and doctor offices that were listed on the bill for services during the procedure and ask them personally if they would please consider accept payments and withdraw the charge from the insurance company or tell the insurance company to bill you in payments for them. Some will usually comply, although you have a better chance pursuing the first option through your insurance provider. I'm not an attorney, but I used to run a blog without ads, or any type of sales, designed for people living paycheck to paycheck, filled with daily money saving tips and ideas to help get them and their families through rough financial times. Thanks and take care as always and Happy New Year's Eve and New Year's to everyone. 4 hrs and counting. May it be much more prosperous than last year. With guys like Steve on our side, how can we lose! Thanks Steve. Jpol.
@KiwiCatherineJemma
@KiwiCatherineJemma 4 года назад
J Pol ... yeah I thought there could have been some more detail, and the answers given by the interview subject were a bit vague . I've been reading through the squillions of comments here, not sure if you saw that one quite some way back, some person said they'd used a lawyer (regarding a debt?). The lawyer sent 5 emails and did 3 phonecalls. He charged the bloke $500 for "expenses" and a total lawyer bill of $12,000. . That sounds a bit excessive to me. You'd certainly hope he got a good result for that !
@jpol3808
@jpol3808 4 года назад
@@KiwiCatherineJemma I hope he did because a lawyer got me like that the same way. Live and learn. Take care. Jpol
@imakeitgreen3777
@imakeitgreen3777 3 года назад
I love how he said he has all these options for the client but doesn't tell u those options cost extra. Hey lawyer I'm being sued for 1500.00. LAWYER that will be 2800.00. great now I'm being sued for 4300.00 by the lawyer and the other guy. B.S
@keithromersenior155
@keithromersenior155 2 года назад
No one has money for a attorney. Negotiate , think about what services you can offer in trade. Seek several attorneys who have experience typical cases such as yours. One may be willing to work with you . Don’t get angry or give up persistence can prevail. One item if you tell a attorney you were referred by the bar most will give you a one time review for free. Don’t indulge in talk other than your case , do not try to make a attorney your friend., your a client nothing else. Remember for every minute of his time you will be billed
@hugokatz
@hugokatz 3 года назад
There's another reason to find a well seasoned attorney. One who's known by the other litigators, and courts. This touches on the overall cost benefit to client. A good lawyer known for being likely to win litigation, will less likely have to prove this to the other side. Occasionally there are times when he has to go full banana against the other side, but the better his reputation the less likely you'll have to explore his full capabilities. A well established, and seasoned attorney generally dissuades the other side from more vigerous prosecution. On the other hand you might want to make sure to get an attorney that doesn't have baggage with the court you're in. People are people and sometimes hard feelings can exist. Listen to your attorney if says a doesn't like going before a certain judge, you might want to ask if this might be limited to your particular lawyer or is it just a bad judge. Because reputation matters it's wise to get a better attorney up front. Even if there's a potential it could cost more, it easily might serve to save money because he has more coult. There are folks who want to save money when hiring a surgeon, although sometimes a cheap surgeon, like a cheap attorney, could cost more in the long run.
@candle86
@candle86 2 года назад
the biggest crime is the people being sued most often are also making less than 80,000 a year and they can't by large afford an attorney
@jmanko
@jmanko 4 года назад
This was a cool podcast but I found Steve kept interrupting Adam too many times. I know Adam is a slow talker and I see Steve fidgeting because he's a slow talker and he wanted to move on to the next topic but Adam talking slowly I feel he's making sure what he's saying is correct. He's going over in his head to make sure the information he's giving Steve and the rest of us is correct.
@blindhog2756
@blindhog2756 4 года назад
Find out the civil procedures and judgement exemptions in the state you reside in. Never agree to talk to a collector,never admit to the debt. Some states are very lenient with debtors,it's up to you to find out. Do an internet search of the state's laws that apply to you. I've seen people move to another state,for relief.
@steffybael1245
@steffybael1245 2 года назад
one time i was threatened by a debt collector to send the IRS a 1099 for $40,000. i told her to go ahead, that i d NOT pay taxes and have NOT in over 20 years!! lots of collectors drop the ball by not meeting deadlines!
@kerrymti1151
@kerrymti1151 4 года назад
I will give one invisible internet dollar to the first person that can count how many times he says, 'you need to get an attorney' or similar statement...LOL. Great video Steve, extremely important and interesting. Thank you and God bless you in the new year!
@allenstautz9506
@allenstautz9506 4 года назад
Fantastic episode Steve, Excellent information from both of you!
@vancester1st
@vancester1st 4 года назад
I hope an upcoming guest is the LockPickingLawyer. Of course you could only show his hands which would make it quite funny!
@michaelsmith5463
@michaelsmith5463 4 года назад
Steve: Great Discussion. Have you thought about having a robo caller consumer advocate on?
@Mors2369
@Mors2369 4 года назад
Have you ever covered car purchases from Copart?
@leonardthomas8576
@leonardthomas8576 3 года назад
I find Steve Lehto’s videos informative, but this guest’s entire focus was an infomercial about hiring an attorney. The time could have been better spent on the topic at hand.
@steffybael1245
@steffybael1245 2 года назад
my parents owned 105 apartments , a trade magazine was full of ads from debt buyers. they buy debt because if they pay $5 for $100 and then a fees trying to collect. if they n NOT collect the debt they can take the $100 + fees as a tax deduction . i have NEVER paid 1 dime to a debt collector and i have 1 judgement against me from 2013!! if a lawyer is extremely aggressive in trying to collect a debt he says i owe, he most likely will regret it the rest of his life!
@joelfeinberg3766
@joelfeinberg3766 3 года назад
I was hired by a bank to do an inspection on house to make sure all work was complete which it was. My insurance company provided an attorney ( at what I believe were pre triall motions or discovery)
@jimdavis6833
@jimdavis6833 4 года назад
I have found over the years(I'm 80) that small debts that are bought up by collection agencies aren't pursued very hard. One or two form letters then it's forgotten. I'm referring to $100 or less although that varies depending on circumstances. Something tangible like a bounced check is treated much differently because that's criminal and they can hold that over your head.
@jimmiller3594
@jimmiller3594 3 года назад
i defended myself in a lawsuit against a major cable company. they demanded 10,000 i told them see you in court. 3 months later i received a complaint to go to court. I then answered the complaint and request it be dismissed by the court. I also requested the court to order them to submit all of there evidence against me prior to court so i can properly defend myself. two months later an attorney called me and lowered the amount to 5000.00 I told hime i give him a 1000.00 today and he took it. i wait to receive the paper work had an attorney friend look it over signed it and sent them a check for 1000.00. I believe in court i would have won but 1000. was cheap and saved me time. I also had subpoena the person that had given them the information to appear in court so i could cross examine them on the stand knowing that they would never be able to produce him
@geoffreyjones2000
@geoffreyjones2000 4 года назад
Winning a lawsuit does not mean that you will make a financial recovery Happy new year everybody
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