11 tips to win your debt collection lawsuit in court

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11 tips to win your debt collection lawsuit in court

Discovery
Disclosure and discovery
Depositions - sworn testimony
Interrogatories - written answers to questions
Request for production of documents
Information about what the claim is based upon
A "charge off," or summary of where the debt stopped being paid off
Payment history
Balance statement
Bill of Sale - if the collection involves a debt buyer/assignee.
Show up
Theory of the case - how you’re going to win.
Pretrial conference - Rule 16(c) FRCP
Meeting between parties and judge.
Discuss schedule, content, ADR, summary judgment.
Consider keeping a trial notebook
Documents filed in court
Info about parties.
Witnesses
Evidence
Get it.
Organize it.
Follow your court’s rules to submit it.
Judge trial or jury trial
Default is a judge trial
Rule 38(b) requires you to request a jury trial.
7th amendment provides the right to a jury trial in civil cases over $20.
If you’re being sued for that toaster you bought for $19.99, sorry, you’re SOL.
Anatomy of the trial. Can be called a hearing.
Opening statements
Plaintiff makes their case
Burden of proof is on them.
Defendant makes their case
You may only need to cross examine their witness
Ask permission before presenting evidence.
Closing arguments
Jury instructions
Jury deliberation
The judge may present a decision at the end of the hearing or issue a written decision later.
The junk debt collector will call a witness.
It will be over the phone
It will be a rep for the debt collector,
The attorney will walk them through the debt
Cross examine them by asking questions to show they don’t know what they’re talking about.
They never have a witness from the original creditor.
The debt collector doesn’t have any independent knowledge about the debt.
Don’t ask questions you don’t know the answer to.
Ask leading questions.
Ask these questions
Did you review the documents and exhibits that you just testified about?
Yes
When was that?
An hour ago
Did you ever look at them previously?
No
Have you ever worked for the original creditor?
No
Did the original creditor ever teach you on how they keep their records?
No
Prior to your testimony did you contact the original creditor to confirm the amount owed?
No
Have you ever seen or read the bill of sale for the debt?
Has the bill of sale been disclosed in this case?
General tips for the hearing
It’s long. Plan on being at court for most of the day.
Know where you’re court is so you’re not late.
Have all of your evidence ready
Dress to impress. Don’t be a scrub.
Generally, you need to be represented by you our your lawyer only.
Arrive early.
Prepare for airport-like security.
Eventually your case will be called. Stand and identify yourself. Ask the judge or the security guard where you should stand.
Refer to the judge as “Your honor”
Do not interrupt other people, especially the judge.
Have fun!