If you’re sued by a debt collector — especially a debt buyer — you still have rights and defenses. Many consumers win or get cases dismissed because collectors can’t prove their claims or violate debt collection laws.

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1. Understand Who’s Suing You

• Original Creditor: The company you borrowed from (e.g., credit card bank). They often have more complete records.

• Debt Buyer: A company that purchased your charged-off account for pennies on the dollar. They must prove:

  • They own your specific account

  • They have the right to sue you

  • The amount claimed is correct

💡 Tip: Debt buyer cases often fail because they lack complete documentation.

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2. Don’t Ignore the Lawsuit

• You must respond by filing an Answer within your state’s deadline (often 14–35 days).

• Failing to respond allows the collector to get a default judgment, which can lead to:

  • Wage garnishment (if allowed in your state)

  • Bank account levy

  • Property liens

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3. Review the Lawsuit Papers for Problems

Look for:

• Wrong name or address

• Incorrect account number

• Inflated balance (extra interest or fees not in the contract)

• Missing attachments (contract, statements)

• No proof of debt ownership (critical in debt buyer cases)

• Old debt beyond your state’s statute of limitations

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4. Assert Your Defenses

Common defenses include:

• Statute of Limitations: Debt is too old to collect through court.

• Lack of Standing: Collector can’t prove they own the debt.

• Payment or Settlement: You already paid or settled.

• Identity Theft or Mistaken Identity: Debt isn’t yours.

• Balance Errors: The amount is incorrect.

• Improper Service: You weren’t served correctly under state law.

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5. Demand Proof

Use discovery (if your court allows it) to request:

• Original signed contract or account agreement

• Complete payment history

• Documentation of the chain of ownership from the original creditor to the current plaintiff

• Proof of how interest and fees were calculated

If they can’t produce this, you may file a motion to dismiss or motion for summary judgment in your favor.

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6. Watch for Legal Violations

Debt collectors must follow:

• Fair Debt Collection Practices Act (FDCPA)

• Fair Credit Reporting Act (FCRA)

• State collection laws

Possible violations include:

• Harassing calls

• Misrepresenting the debt

• Threatening actions they can’t legally take

• Contacting you after you have an attorney

💡 Tip: If they break the law, you may have a counterclaim that can offset or eliminate the debt.

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7. Consider Settlement — But Only With Written Terms

If you decide to settle:

• Negotiate the amount — debt buyers often settle for less

• Get all terms in writing before paying

• Avoid resetting the statute of limitations — in some states, even a small payment restarts the clock

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8. Prepare for Trial if Needed

At trial, the collector must:

• Prove the debt is yours

• Prove the exact amount owed

• Prove they have the right to collect

If they can’t present admissible evidence meeting these requirements, you can ask the judge to rule in your favor.

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9. If You Lose

Even after judgment:

• You may be able to file an appeal or a motion to vacate if proper grounds exist.

• You can protect certain exempt assets from garnishment or levy under state law.

• You may still negotiate a reduced payoff.

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Quick Checklist for Challenging a Debt Collector Lawsuit

• ✅ Respond before the deadline with an Answer

• ✅ Deny allegations you dispute

• ✅ Assert all defenses

• ✅ Demand proof of ownership and balance

• ✅ Document any collection law violations

• ✅ Consider settlement only in writing

• ✅ Be ready to go to trial

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Gathering Evidence and Proving Your Defenses in a Debt Collection Lawsuit

Winning a debt collection case isn’t just about showing up — it’s about proving your side with solid evidence.

Even if you believe you owe money, you may still win or reduce the claim if the collector can’t prove their case or you can prove your defenses.

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1. Know Your Defenses Before You Gather Evidence

The type of evidence you need depends on the defenses you raise in your Answer.
Common defenses include:

• Statute of Limitations – The lawsuit was filed after your state’s legal deadline to sue.

• Lack of Standing – The collector can’t prove they own your specific debt.

• Mistaken Identity / Identity Theft – The debt belongs to someone else.

• Balance Errors – The claimed amount is wrong or inflated with illegal fees.

• Payment / Settlement – You already paid or settled the account.

• Improper Service – You weren’t served according to state law.

💡 Tip: If you raise a defense, you must be ready to back it up with evidence in court.

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2. Start with Your Own Records

Look for:

• Old bills and account statements

• Payment receipts, bank records, or canceled checks

• Letters or emails from the creditor or collector

• Settlement agreements

• Credit reports showing account status

• Police reports or FTC identity theft reports (if applicable)

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3. Get a Copy of the Court File

• Visit the court clerk’s office or use your court’s online case lookup.

• Review the Complaint and any exhibits the collector filed.

• Check if they attached:

  • The original contract

  • Account statements

  • Assignment or bill of sale proving they own your debt

If these are missing, that’s a potential weakness in their case.

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4. Use Discovery (If Your Court Allows It)

Discovery is the process of getting information from the other side.
Tools include:

• Interrogatories – Written questions they must answer under oath.

• Requests for Production – Ask for specific documents (contracts, account statements, proof of ownership).

• Requests for Admissions – Statements they must admit or deny.

• Depositions – Questioning witnesses under oath (more common in higher-level courts).

💡 In debt buyer cases, discovery often reveals they have little or no original documentation.

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5. Match Evidence to Your Defense

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6. Organize and Label Everything

• Keep originals safe — bring copies to court.

• Label documents clearly (“Exhibit A – Bank Statement June 2022”).

• Create a timeline of events:

  • Date account opened

  • Date of last payment

  • Collection or charge-off date

  • Assignment dates to debt buyers

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7. Anticipate Their Evidence

Debt collectors often rely on:

• Affidavits from a “records custodian” (which may be hearsay if not from the original creditor)

• Generic bills of sale that don’t identify your account

• Account statements missing months or years

You can challenge this by:

• Objecting to hearsay or incomplete records

• Pointing out lack of personal knowledge by witnesses

• Showing discrepancies between their records and yours

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8. Prepare Your Presentation for Court

• Bring three copies of every document (for you, the judge, and the other side)

• Highlight key points

• Be ready to explain how each piece of evidence supports your defense

• Practice your explanation so it’s clear and concise

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9. Use Legal Rules to Exclude Weak Evidence

• Hearsay rules – Some documents may not be admissible unless an authenticating witness is present.

• Lack of foundation – Evidence must be properly linked to your specific account.

• Improper affidavits – Some states require original creditor affidavits, not just from the debt buyer.

If their key evidence is excluded, they may be unable to prove their case.

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Key Takeaways

• Always respond to the lawsuit — even strong defenses fail if you don’t show up.

• Build your case around the defense that best fits your facts.

• Organize your evidence so the judge can easily see your side.

• Challenge any evidence that’s incomplete, inaccurate, or improperly introduced

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Debt Collection Lawsuits: Proof of Ownership — and How to Challenge It

When a debt collector — especially a debt buyer — sues you, one of the most important legal issues is standing.

Standing means the plaintiff has the legal right to bring the lawsuit.
If they can’t prove they own your specific debt, the court should dismiss the case.

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1. What Debt Collectors Must Prove to Show Ownership

In most states, a debt collector or debt buyer must present admissible evidence that:

1. The Original Debt Exists

   • A valid agreement (credit card contract, promissory note, loan agreement)

   • Evidence you used the account or borrowed the money

2. The Debt Was Transferred or Sold

   • Written assignments or bills of sale from the original creditor to the next owner, and every transfer after that

   • This is called the chain of title or chain of assignments

3. The Transfer Includes Your Account

   • Bills of sale alone usually list “a portfolio of accounts” — but your account must be specifically identified

   • The collector must produce a document (often a “Schedule of Accounts” or “Exhibit A”) linking the sale to your account number

4. The Balance Claimed Is Accurate

   • Account statements from the original creditor showing how they calculated the current balance

   • Terms of the contract for interest and fees

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2. Common Weaknesses in Proof of Ownership

Debt buyer cases often fail because:

• Missing links in the chain – They show the sale from Creditor A to Buyer B, but nothing from Buyer B to Plaintiff C.

• Generic bills of sale – Documents don’t list your name, account number, or balance.

• Hearsay problems – Affidavits from the debt buyer’s employee about records they didn’t create.

• Inconsistent information – Account numbers, balances, or dates don’t match.

• Lack of original contract – No signed agreement or terms and conditions showing you agreed to the debt.

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3. How to Attack the Collector’s Proof

A. Challenge the Chain of Title

• Request every transfer document from original creditor to current plaintiff.

• If any transfer is missing or doesn’t list your account, argue lack of standing.

B. Demand Specific Account Identification

• Look for your full account number, balance, and name on each transfer.

• If the bill of sale says “See Exhibit A” but Exhibit A is missing, highlight the gap.

C. Object to Hearsay

• Many collectors submit affidavits from their own employees “authenticating” original creditor records.

• In many states, only a qualified witness from the original creditor can testify about how those records were created.

D. Point Out Inconsistencies

• Compare their statements and documents:

  • Different balances in the complaint vs. statements

  • Wrong dates for last payment or account opening

  • Account number formatting changes without explanation

E. Attack the Balance Calculation

• Demand a complete payment history from account opening to charge-off.

• If they can’t show how they arrived at the number, argue the amount is not proven.

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4. Discovery Requests to Use

If your court allows discovery, request:

• Original signed agreement or account terms

• Complete account history with all charges, payments, and interest

• All bills of sale and assignments in the chain of title

• The “Schedule of Accounts” showing your account in each sale

• Affidavits from the original creditor’s records custodian

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5. Courtroom Tactics

• Object to inadmissible evidence — for hearsay, lack of foundation, or missing documents.

• Highlight the missing link — If one step in the chain is missing, argue they have no legal right to sue.

• Cross-examine their witness — Ask if they personally handled your account at the original creditor; many can’t answer “yes.”

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Example Argument:

“Your Honor, the plaintiff’s bill of sale from the original creditor lists a bulk sale of accounts, but there is no document showing my account was included in that sale. Without a complete chain of assignments specifically identifying my account, the plaintiff has not proven standing to sue.”

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6. Why This Defense Works

Debt buyers often buy thousands of accounts at once for a fraction of the face value — and documentation is minimal.

If even one link in the chain of title is missing or defective, the case can be dismissed for lack of standing.

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Key Takeaways

• Always force the collector to prove ownership — don’t assume they have the documents.

• Look for gaps, generic language, and hearsay affidavits.

• Without proof you owe them (not just someone), they can’t win.

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Understanding Affirmative Defenses in Debt Collection Lawsuits

If you’re being sued for a debt, your Answer to the lawsuit doesn’t just have to say “I deny this” or “I agree to that.”

You can also raise affirmative defenses — legal reasons why, even if the creditor’s basic story were true, they still can’t win the case.

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1. What Is an Affirmative Defense?

In simple terms:

An affirmative defense is a legal argument that says,
“Even if what you claim happened, you still don’t have the right to collect from me — and here’s why.”

When you raise an affirmative defense:

• You admit for the sake of argument that certain facts might be true, but you have other facts or laws that block the claim.

• You’re telling the court: “This case should be dismissed, or reduced, because of these additional facts.”

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2. Why You Raise Them

• Preserve Your Rights – If you don’t raise a defense in your Answer, you may lose the right to use it later.

• Shift the Burden – Some defenses force the collector to prove extra facts they might not have.

• Set Up Dismissal – The right defense can end the case before trial.

• Leverage for Settlement – Weak collector evidence + strong defenses can lead to better deals.

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3. Common Affirmative Defenses (and What They Mean in Plain English)

Here are standard ones often used in consumer debt cases, translated into everyday language:

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4. How They Are Used in a Lawsuit

1. You include them in your Answer to the lawsuit — usually after responding to each allegation.

2. Each defense is listed separately with a short explanation.

3. They become part of your official case — the judge will consider them when deciding motions or at trial.

4. Some can be decided early (via motion to dismiss or summary judgment) if they’re clearly supported.

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5. Example in Action

• Debt Buyer: “You owe us $5,000 from a 2015 credit card account.”

• You (Defense): “Statute of Limitations — The last payment on this account was in 2016, and under my state’s law the deadline to sue for this type of debt is 6 years. The lawsuit was filed in 2024, so it’s too late.”

• Result: If proven, the judge must dismiss the case, even if you once owed the money.

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6. Consumer Tips

• Be Honest – Don’t raise defenses you know are false; stick to those that apply.

• Do the Homework – Check your payment history, state laws, and credit reports.

• Don’t Rely on Denials Alone – An affirmative defense is proactive — it can win your case without a trial.

• Consider Legal Help – Some defenses (like lack of standing) require knowing court rules and evidence law.

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📞 Sued for a debt?
We help consumers raise strong affirmative defenses, force collectors to prove their case, and fight to get lawsuits dismissed. Call 855-978-6564!