by John Skiba, Esq. | Aug 20, 2014 | Collection Law Suits, Debt Collection Lawsuits
Too often I meet with people that have either ignored the fact that have been sued by one of their creditors or even more troubling- aren’t even aware that there is lawsuit is pending against them. Either way the end result is usually a default judgment. And...
by John Skiba, Esq. | Aug 19, 2014 | Collection Law Suits, Debt Collection Lawsuits
Unifund CCR is one of the larger debt buying companies out there and they file a lot of lawsuits against consumers in Arizona. Debt buyers like Unifund claim that they have purchased old charged off debts and then file debt collection lawsuits to try and recover...
by John Skiba, Esq. | Aug 18, 2014 | Bankruptcy, Chapter 7 Bankruptcy, Collection Law Suits, Debt Collection Lawsuits, Debt Settlement
For more than a decade I have been meeting families who are dealing with overwhelming debt problems. The number one thing I have found that helps to reduce the stress of debt is understanding what your options are and what your creditors can and can’t do to you....
by John Skiba, Esq. | Aug 8, 2014 | Collection Law Suits, Debt Collection Lawsuits
Over the years I have noticed that I revisit the topic of whether or not you should avoid the process server in your debt collection lawsuit. It is usually spurred on by a person I meet with in a consultation who had a default judgment against them because they tried...
by John Skiba, Esq. | Aug 5, 2014 | Uncategorized
Getting sued – no matter how large or small the amount being sued for – can be a very stressful situation. Surprisingly, some debt buyers like Midland Funding and Portfolio Recovery Associates will file lawsuits to recover amounts as low as $1,000. I have...
by John Skiba, Esq. | Jul 22, 2014 | Chapter 13 Bankruptcy
I don’t ever sugar coat the realities of a chapter 13 bankruptcy. When you sign up for a chapter 13 you are in it for the long haul. Most chapter 13 bankruptcies I deal with last 60 months. Some are as low as 36 months, but most are 60. The idea behind a...
by John Skiba, Esq. | Jul 17, 2014 | Debt Collection Lawsuits
Getting served with a lawsuit can ruin anyone’s day. First, the way the law requires that you get notice of the lawsuit is very intrusive. A process server must come to your home, unannounced, and give you the summons and complaint. You stand there looking at...
by John Skiba, Esq. | Jul 16, 2014 | Collection Law Suits, Debt Collection Lawsuits
Even though I think most debt collection lawsuits brought by junk debt buyers are just that – junk, there are many factors that can lead to judgment being entered against you and in favor of the debt buyer. After the initial sting of losing in court is over you...
by John Skiba, Esq. | Jul 11, 2014 | Bankruptcy, Chapter 7 Bankruptcy
Sometimes when I meet with families to discuss filing for bankruptcy the tone of the meeting turns from a legal consultation to something more akin to a confessional. I will sit and listen while fathers and mothers pour their heart out as to why they are in their...
by John Skiba, Esq. | Jul 9, 2014 | Collection Law Suits, Debt Collection Lawsuits
Many people who find themselves being sued by a debt collector forgo hiring a lawyer and represent themselves in court. I understand for many people this is a necessity. As a lawyer I can’t work for free (my wife and kids would likely object :)), but most...
by John Skiba, Esq. | Jun 30, 2014 | Collection Law Suits, Debt Collection Lawsuits, FDCPA Claims
I recently had a trial against a junk debt buyer that had an interesting twist that I thought could be helpful to those facing debt collection lawsuits from debt buyers like Midland Funding, Unifund, Portfolio Recovery, or one of the other many companies out there. In...
by John Skiba, Esq. | Jun 25, 2014 | Chapter 7 Bankruptcy, Collection Law Suits, Debt Collection Lawsuits
Most of the people I meet with who are facing a debt collection lawsuit have (1) never been sued before, and (2) never even hired a lawyer previously. And I think it is fair to say that is a good thing. But in working with a lawyer there are things you can do as the...
by John Skiba, Esq. | Jun 23, 2014 | Collection Law Suits, Fair Debt Collection, FDCPA Claims
I handle a lot of debt collection lawsuits where the party suing is not the original creditor. Debt buyers – companies that purchase large pools of charged off debt – often file a lawsuit soon after they allegedly acquire the accounts. Recently here in...
by John Skiba, Esq. | Jun 19, 2014 | Fair Debt Collection, FDCPA Claims
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that prohibits debt collectors from treating the people who they are attempting to collect from unfairly or with disrespect. Common violations of the FDCPA include verbal abuse and...
by John Skiba, Esq. | Jun 18, 2014 | Chapter 7 Bankruptcy, Collection Law Suits, Debt Collection Lawsuits
Midland Funding Lawsuits always seem to come at the worst possible time (is there ever really a “good” time to be sued?). Midland Funding often seems to file the debt collection lawsuit right before the statue of limitations expires – right as you...
