Jury Trial?

[NC Debt Defendant]

Has anyone been successful in taking a debt collector to a jury trial?

If you can navigate the Summary Judgment hurdle, will they continue?

I am no expert. I have been able to do this once - the only time I tried it - and they quit. Now I am facing another challenge and my case is not quite as good. 

Thank you all for this forum.

 

[WhoCares1000]

Most of us lay people don't do jury trials because dealing with voir dire and selecting a jury sympathetic to your cause is extremely hard to do. There are lawyers who simply excel in voir dire and that is all they do. Many law firms also hire psychologists and sociologists to develop questions for voir dire as they are trying to fill the jury box with jurors who will be sympathetic to your cause. Most lay persons and pro se defendants are at a huge disadvantage in regards to jury selection.

That said, depending on the amount due and the JDB, most probably will quit when they cannot get the summary judgement. They are looking for the low handing fruit and jury trials are very expensive and you really never know if you are going to get an activist jury who is willing to say no.

[BackFromTheDebt]

If there are complicated issues, it would probably be better to have the issues tried before a judge, especially if the judge is consumer friendly.  

You need to realize that most people are not like the posters on these internet forums.  We may see ourselves as David battling Goliath, as the Little Man (or woman) battling the Evil Big Banks. 

In the outside world, most people see someone who has allegedly defaulted on debts as just a deadbeat.  That tends to prejudice many juries.  

To be fair, there are quite a few judges who have the same prejudice.  

As @WhoCares1000 points out, the main advantage of a jury trial is it is more expensive for the plaintiff.  Sort of the same argument as arbitration.  

 

I knew a fellow who would always demand a jury trial.  His county had judges that weren't great, and he wanted the other side to run up their bills.  My county has better judges, so I never wanted a jury trial.  That didn't matter, because none of my cases ever went to trial.  

[NC Debt Defendant]

Thank you for the responses. I have a law degree, never sat for the Bar, but I am comfortable with most of the processes. This site is awesome for the Pleadings. Keep on, keeping on.

 

BTW - My county is full of deadbeats so I am okay with taking the chance there.

 

Edited August 18, 2021 by NC Debt Defendant
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