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Trial by jury or judge in junk debt suit

Date: Tue, 01/04/2011 - 15:24

Submitted by anonymous
on Tue, 01/04/2011 - 15:24

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Total Replies: 2


I am not yet past the discovery phase with the junk debt buyer suing me for a credit card they allege I held (I have responded to theirs, they have not sent back responses to my requests yet) and I am not sure if this will end up at trial but I had a basic question in case it does.

Would it be best to request a jury trial or a trial by judge?? My first reflex would be a jury, but I was unaware how jury trials are done in civil cases as opposed to criminal. Does the defendant in a civil case win if only one juror finds in his favor or is it a majority. Of course a jury of twelve must agree on the guilt of a defendant in a criminal trial. Is it the same way in a civil case?? Does it just have to be a majority??

And when does this matter come up in the process, when would the choice be available, or does the defendant need to file something to alert the court he wants a jury trial. What do you all recommend, I figure a jury would be better, depending on what the case is on what is needed, all jurors agreeing or just a majority.


I won't be able to guide you about legal matters as I'm not a lawyer by profession. However, if they cannot prove that they own the debt, they won't be able to take any actions against you. As far as I can understand, you have asked for debt validation but they couldn't validate your debt. In such a situation, if they sue you in the court, you'll win the case. You should contact an attorney and take his help in the legal matters and he will guide you regarding the whole issue.


lrhall41

Submitted by Anna Sweeting on Tue, 01/04/2011 - 22:00

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If you want to file a lawsuit against the junk debt collector, then contact an attorney who is a member of American Bar Association and specializes in handling FDCPA Act cases. Check out the track record of the attorney and fee structure of the attorney. Some attorneys also offer free consultation to the consumers. Attend the session and explain your situation to the attorney. He may help you out in filing a lawsuit against them. He will also be able to tell you whether or not you should go for jury trial or trial by judge. He will also be able to tell you about the minute details of the jury process in civil cases. You should also check the state laws regarding junk debts.


lrhall41

Submitted by anonymous on Tue, 01/04/2011 - 22:10

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