Possible defense against court judgement

[Jammed]

A "financial expert" who discussed defending against court judgements said he has seen people have success with going to court and asking the creditor's attorney the following questions:

-Did the original creditor file a claim under its insurance company stating it is not pursuing collection activity on the account?

-Did the creditor file a tax-write off indicating it is not continuing collection activity? (not sure if this means just an account write-off or a 1099-C is issued).

-Do you have the original note/documentation from the original creditor showing the amount owed?

-Did the original creditor send me verification of the amount owe?

-Are you collecting for the original creditor - are you the creditor - and what is the relationship between both?

According to this financial advisor, most likely the attorney will not be able to answer these questions and the debtor will avoid a court judgement.

Have anyone ever tried to defend themselves against a judgement using these or other questions?

[frogger]

-Did the original creditor file a claim under its insurance company stating it is not pursuing collection activity on the account?

Is he saying that the original creditor has insurance against someone not paying the bill? I don't think that's going to fly.

-Did the creditor file a tax-write off indicating it is not continuing collection activity? (not sure if this means just an account write-off or a 1099-C is issued).

Just because a credit may write something off, they can still collect. The only difference is that any collections on that charged off account will be listed as 100% profit.

If a 1099C is issued for debt forgiveness, then it can not be collected on, for it has been forgiven.

-Do you have the original note/documentation from the original creditor showing the amount owed?

That's a no-brainer. You shouldn't go to court without this.

-Did the original creditor send me verification of the amount owe?

Did you request it? You'll find that the original creditor doesn't have to send you much of anything. If they have signed documentation in court, that's all that's going to matter.

-Are you collecting for the original creditor - are you the creditor - and what is the relationship between both?

Who cares. If they are the original creditor, they have the right to sue. If they are a collection agency collecting on the original debt, they have the right to sue provided they have an assignment of the account. If they are a JDB, they own the account and can sue.

According to this financial advisor, most likely the attorney will not be able to answer these questions and the debtor will avoid a court judgement.

Have anyone ever tried to defend themselves against a judgement using these or other questions?

Good luck. The only way you would win with these arguments in my area is if the person filing the suit was ill prepared.

However, with that being said, many JDB and collection agencies use the spray and pray method. They hit the courts hard with volume, because they know that 90% of the people won't show up for court, therefore a default judgment. So..... they may not be prepared, but in the grand scheme of things, they get what they want anyway.