If you’ve been sued by a company like Midland Funding, Portfolio Recovery, LVNV Funding, Cavalry SPV, or Jefferson Capital, you might be thinking:

“I don’t even recognize this company… what if they can’t prove this debt is theirs?”

That’s one of the most important questions you can ask.

Debt buyers purchase accounts in bulk, often with incomplete records. In court, they must prove they have the legal right to sue you.

And if they can’t? Their case may fall apart.

Debt Buyers Don’t Automatically Win

Many consumers assume:

“If they filed a lawsuit, they must have proof.”

Not true.

Debt buyers often file lawsuits with minimal documentation and rely on consumers doing nothing.

If you respond and defend the case, the debt buyer must prove:

• The debt belongs to you
• The balance is accurate
• The lawsuit is timely
• They legally own your specific account

What Proof Do They Need?

To prove ownership, the debt buyer typically needs:

• A Bill of Sale
• Assignments / transfer agreements
• A chain of title showing each sale
• Account schedules or data files listing your account
• Account statements showing the balance

If they cannot connect your account to the sale documents, they may not have standing.

What Happens If They Can’t Prove Ownership?

If the debt buyer can’t prove ownership, possible outcomes include:

✔ Case Dismissal

Courts may dismiss lawsuits when the plaintiff cannot prove standing.

✔ Settlement Leverage

Debt buyers may offer major discounts if they know their case is weak.

✔ Voluntary Dismissal

Some debt buyers dismiss the case rather than risk losing at trial.

Important: This Only Helps If You Respond

Even if their proof is weak, they can still win by default if you:

• ignore the summons
• fail to file an Answer
• miss a court date

Bottom Line

If the debt buyer can’t prove the debt is theirs, you may have a strong defense.

But the court won’t automatically protect you — you must respond and force proof.