Debt Collection Self-Defense

Answer vs Motion to Dismiss, How Lawyers Decide

Brian Season 1 Episode 276

Ever wondered whether you should file an Answer or a Motion to Dismiss when you get sued by a debt collector?
Attorney Brian Parker breaks down how lawyers make that call, and why one strategy can save you from a fast default or a long court battle.

In this video, you’ll learn how to:

• Recognize when a Motion to Dismiss can stop a case early  
• Understand the difference between an Answer, Affirmative Defenses, and a Counter Affidavit  
• Spot weak or missing documents in a debt buyer lawsuit  
• Use procedural rules to turn pressure back on the collector  
• Know when judges make debt buyers prove their case up front  

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00:00 Intro  
00:43 Motion to Dismiss Basics  
01:01 Answer vs Motion Strategy  
03:22 When to File Dismissal  
05:00 Bill of Sale Issues  
07:00 Affidavit & Hearsay Problems  
09:00 Chain of Title Gaps  
12:00 Forcing Proof Early  
15:00 Judge’s Burden Shift  
18:40 Settlement Leverage  
22:00 Closing & Parker GPT

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Disclaimer: Please remember that anyone viewing or listening to this information, podcast and/or video is not being invited to create an attorney-client relationship in any way. This is strictly informational to assist anyone who needs to be pointed in a direction similarly as one would do any research. Though I am a proud member of the State Bars of Florida and Michigan, this is a source of research and insight into how Brian Parker's mind operates and how he perceives the practice of law when it is used for the benefit of victims Mr. Parker does represent. Take what you need knowing I am not practicing law for you or anyone else in any state through this medium or media. I am sharing and caring.
BPP