Brian T Shaw’s Answers

You should consult with a debt defense/consumer rights attorney in your state. You may find one that offers a free consultation. There are a lot of complicated issues regarding consumer debt collection that involve both state and federal law. If your debt has been sold, and a debt buyer is suing you, they typically have to prove that they own the debt which can be difficult. If you fail to answer the complaint you will typically lose by default. As such you should have an attorney review...

You should consult with a debt defense attorney in your state. Some may offer free consultations. If you have a lot of outstanding debt, you might want to consult a bankruptcy attorney. In the state where I practice, judgments can be attacked under certain limited circumstances. Unfortunately, you have lost negotiation leverage since the debt has been reduced to a judgment. Nonetheless, you do have some power. Specifically, you have your money while they do not. They may be able use the...

You should consult a Consumer Rights Attorney in your local area. Check out NACA.net for an attorney near you. You may want to ask the Plaintiff for the "chain of title" to the debt. This is the legal phraseology which means a list of all owners of the debt from the beginning to the present owners. The Rules of Civil Procedure in your state will govern the discovery process in your case and, as such, you should consult local counsel.

You should consult with a consumer rights attorney in your state. Depending upon the circumstances, this attorney may be in violation of the U.S. Fair Debt Collection Practices Act (FDCPA) which forbids debt collectors from threatening to take legal action which they cannot take or do not intend to take. The law also forbids a debt collector from speaking to your employer accept in limited circumstances. This federal law allows you to sue a debt collector that has violated the act and...