You're Not Going to Believe This Story...

@legalcredit.help

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Why it worked

The video uses a compelling narrative of a legal underdog fighting against a debt collector, highlighting a procedural error by the plaintiff. The clear presentation of court documents and the direct explanation of the legal strategy make it educational and relatable for viewers facing similar situations.

Summary

A debt collection agency, LVNV Funding LLC, filed a motion for default judgment against a defendant, claiming he never responded to a lawsuit. However, the defendant had actually filed a timely answer on August 12th, which was court-stamped. The video highlights the defendant's subsequent objection to the motion for default judgment, attaching his filed answer as Exhibit A, emphasizing the importance of reviewing all court documents.

Structure

1Plaintiff files for default judgment, claiming no response.
2Defendant had already filed an answer.
3Plaintiff files motion for default judgment.
4

Original caption

LVNV asked the court for a default judgment because the defendant supposedly never answered. 👀 There was just one problem… HE DID. His Answer was sitting in the court file with an August 12th FILED stamp. So the response? An Objection to the Motion for Default Judgment with the file-stamped Answer attached as Exhibit A. This is exactly why you read every single document filed in a debt lawsuit. A Motion for Default Judgment does not automatically mean they already won. Educational information only. Not legal advice. #DebtLawsuit #LVNVFunding #DebtCollector #DefaultJudgment #DebtCollection

More from @legalcredit.help

Product placement

LVNV FUNDING LLC: (a) it ACTS — it is the plaintiff in a lawsuit, initiating legal proceedings to collect a debt. Removing it would change what happens in the video because the entire video is about this lawsuit. (b) it merely APPEARS — its name is on court documents. Removing it would not change what happens in the video.

Call to action

I help people navigate through credit and debt issues. Text "Help" to (805) 591-4244

On-screen text

You're Not Going to Believe This Story... YOU'RE NOT GONNA BELIEVE THIS CASE. LVNV V. FUNDING SUES THIS GUY FOR A DEBT. THEY SAY HE WAS SERVED ON JULY 23RD. SO HE DOES EXACTLY WHAT HE'S SUPPOSED TO DO. HE FILES AN ANSWER ON AUGUST 12. AND I MEAN FILED COURT STAMP AUGUST 12TH RIGHT HERE. BUT THEN L NV FILES A MOTION FOR DEFAULT JUDGMENT. AND GUESS WHAT? THEY TELL THE JUDGE THE DEFENDANT HAS FAILED TO APPEAR, ANSWER THE PETITION, OR OTHERWISE RESPOND. HMM. WHAT DO YOU CALL THIS? HIS ANSWER IS LITERALLY SITTING IN THE COURT FILE. AND IT GETS BETTER. L V NV SAYS BECAUSE HE SUPPOSEDLY NEVER ANSWERED, NO NOTICE IS REQUIRED UNDER RULE 10. MEANWHILE, THE COURT CLERK IS BASICALLY SHOULD I TELL THEM OR DO YOU WANT TO? WANTS A JUDGMENT FOR SEVENTEEN HUNDRED SIXTY ONE DOLLARS AND FIFTY SEVEN PLUS 8.75% INTEREST. SO HOW DO YOU FIGHT THIS? YOU FILE AN OBJECTION TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. AND MY FAVOURITE PART. EXHIBIT A. WHAT'S EXHIBIT A? THEIR WORST NIGHTMARE. THE FILE STAMPED ANSWER. TRANSLATION YOUR THEY'RE ASKING YOU TO GIVE THEM A DEFAULT BECAUSE I DIDN'T ANSWER. HERE'S MY ANSWER. THIS IS WHY YOU READ EVERYTHING A DEBT COLLECTOR FILES. SOMETIMES THEIR OWN PAPERWORK TELLS THE WHOLE STORY.

Transcript

You're not gonna believe this case. LVNV funding sues this guy for a debt. They say he was served on July 23rd. So he does exactly what he's supposed to do. He files an answer on August 12th. And I mean, filed court stamp August 12th, right here. But then LVNV files a motion for default judgment. And guess what? They tell the judge, the defendant has failed to appear, answer the petition, or otherwise respond. Hmm. What do you call this? His answer is literally sitting in the court file. And it gets better. LVNV says because he supposedly never answered, no notice is required under Rule 10. Meanwhile, the court clerk is basically, should I tell them or do you want to? Wants a judgment for seventeen hundred sixty one dollars and fifty seven cents plus 8.75% interest. So how do you fight this? You file an objection to plaintiff's motion for default judgment. And my favorite part. Exhibit A. What's Exhibit A? Their worst nightmare. The file stamped answer. Translation: your they're asking you to give them a default because I didn't answer. Here's my answer. This is why you read everything a debt collector files. Sometimes their own paperwork tells the whole story.