What to Expect at Your Trial
And How to Prepare
What to Expect at Trial as a Consumer Debtor — And How to Prepare
If you’re a consumer facing a creditor in court, the idea of going to trial can feel overwhelming. But with the right preparation and understanding of the process, you can approach your day in court with confidence. At Ginsburg Law Group, PC, we believe in empowering our clients with the information they need to protect their rights.
Below, we break down what to expect at a creditor-debtor trial and how to best prepare.
What Is a Creditor-Debtor Trial?
A creditor-debtor trial is the final stage of a debt collection lawsuit. At trial, a judge (and sometimes a jury) will decide whether the creditor has proven their case that you owe the debt they’re seeking to collect. This is your opportunity to defend yourself and to hold the creditor to their legal burden of proof.
What the Creditor Has to Prove
In a typical consumer debt case, the creditor (or more often, a debt buyer) must prove:
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That you owe the debt – They must show a clear connection between you and the alleged account.
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The amount of the debt is correct – This includes principal, interest, late fees, and any other charges.
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They have the legal right to sue you – If the debt has been sold or transferred, they must prove ownership.
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They filed the case within the statute of limitations – If the debt is too old, you may have a valid defense.
What Happens at Trial
Here’s how a typical creditor-debtor trial unfolds:
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Opening Statements – Both sides may give a brief overview of their case.
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Creditor Presents Their Case – The creditor’s attorney may introduce account statements, contracts, affidavits, or call witnesses (such as a records custodian).
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Your Opportunity to Cross-Examine – If they bring a witness, we can ask questions to challenge their credibility or the accuracy of their records.
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Your Defense – As your attorney, I’ll present your side, raise legal defenses, and introduce evidence if appropriate.
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Closing Arguments – A final summary of each side’s position.
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The Judge Makes a Decision – The judge may issue a ruling immediately or take the case under advisement and issue a decision later.
How to Prepare for Trial
Here are key steps to help you feel prepared:
1. Communicate With Your Attorney
We’ll talk in advance to go over the facts, review evidence, and discuss our strategy. It’s important to share everything you know about the debt, including past payments, communications, and any disputes you’ve raised.
2. Gather Relevant Documents
Bring any documents that may help your case, such as:
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Account statements
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Letters from the creditor or debt collector
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Payment records
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Any correspondence showing disputes or identity theft
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Your credit report, if it reflects inconsistencies
3. Be Ready to Testify (If Needed)
While you may not need to testify, we’ll prepare you just in case. If you do speak, your testimony should be truthful, direct, and focused on the facts. Don’t worry—we’ll walk you through what to expect.
4. Dress and Act Respectfully
Wear professional, courtroom-appropriate attire and arrive early. Address the judge as “Your Honor,” speak clearly, and remain calm and respectful, even if the other side is aggressive.
5. Understand Possible Outcomes
The judge may rule in your favor (and dismiss the case), rule for the creditor (and enter a judgment), or issue a mixed decision. If a judgment is entered, we can still explore options like appeal, payment plans, or settlement.
You Are Not Alone
At Ginsburg Law Group, PC, we’ve helped many consumers defend themselves against aggressive debt collection lawsuits. We know the tactics creditors use, and we know how to fight back effectively and professionally.
If you’re facing a trial date, don’t panic. We’re here to guide you every step of the way.
Have questions? Ready to prepare?
Contact us today to schedule a consultation or to review your case.
📞 Phone: 855-978-6564
📧 Email: debtdefense@ginsburglawgroup.com
