what does a debt attorney have to prove against you

Requiring proof of the amount you owe can be one way to defend against a debt collection lawsuit. For example, if a collection agency is suing you for $4,000 related to a credit card account, you should ask for documentation that starts with the opening of your account and ends with the last activity on the account.

Full Answer

Do you need a lawyer to file an answer to debt?

Jan 30, 2017 · Any debt collector who contacts you claiming you owe on a debt is required by law to tell you certain information about the debt. That information includes: The name of the creditor; The amount owed; That you can dispute the debt; That if you don’t dispute the debt within 30 days the debt collector will assume the debt is valid

What does a debt lawyer do?

Jul 13, 2016 · An affidavit from their “authorized representative” (the Sowell affidavit); A Bill of Sale. A “Declaration of Account Transfer”. Some Credit Card Statements. The Bill of Sale and the Declaration did not mention Mr. Ramsdale or his debt. They referred only to “Portfolio 18129” – a bundle of credit card debt.

Why can't a debt buyer prove a case in court?

How do I choose the right lawyer for debt relief?

What does a creditor have to provide to validate a debt?

What is proof of debt validation?

How do you defend against a collection agency?

Do debt collectors have to provide proof of debt?

What happens if a debt collector Cannot validate a debt?

What happens if collector does not validate debt?

What should you not say to debt collectors?

Does disputing a debt restart the statute of limitations?

Can debt collectors sue you?

How long does a debt collector have to respond to a validation request?

Can I ignore collection agency?

How do I request a debt verification?

Why Is It Important to Get Documentation of The Debt?

The servicing, buying and selling of debt has become so commonplace that often the original creditor does not have the account for very long. This...

Before You Are Sued: Requesting Verification of The Debt

If you are contacted by a debt collector, the Fair Debt Collection Practices Act (FDCPA), and many state debt collection statutes, provide you with...

When You Are Sued: Getting Documentation of The Debt

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and cred...

Can A Debt Lawyer Help My Court Case?

A debt lawyer is extremely valuable if your debt situation causes you to go to court. Debt collectors can take consumers to court to recover money...

What Can A Debt Lawyer Do For Me If I File For Bankruptcy?

A debt lawyer is almost mandatory when filing for bankruptcy.A debt lawyer who specializes in bankruptcy can explain the differences between Chapte...

How Much Does It Cost to Hire A Debt Lawyer?

When you are swamped with debt, hiring a lawyer can add to the pile of expenses you already have. The right lawyer, however, can steer you though t...

When You Should Hire A Lawyer

The first step to solving problems with debt collection is to see if you can deal with the situation yourself, or contact a nonprofit credit counse...

Is Hiring An Attorney Worth It?

Lawyers cost money, so it is wise to consider whether retaining one in a debt case is worth the cost. Face it, you already have financial problems,...

What to Expect from A Lawyer

Lawyers can be expensive, so if you decide to hire one, you should talk fees early on. Lawyers will either charge you an hourly rate or a contingen...

What happens if a debt collector doesn't send proof of debt?

If the debt collector does not send sufficient proof of the debt, they are not allowed to continue pursuing you for the debt. That includes listing the debt on your credit report—you can dispute the debt that hasn't been adequately validated with the credit bureaus.

Can you dispute a debt validation letter?

To be legally valid, your request for proof must be made in writing. A verbal phone request for debt validation is not enough to protect your rights under the FDCPA. In your validation letter, you can dispute the entire debt, part of the debt, or request the name of the original creditor. Once the debt collector receives your validation request, they cannot contact you again until they've provided you with the proof you've asked for. 1 

What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA), a federal law regulating third-party debt collectors, allows you to request the debt collector to send proof of the debt through a process called debt validation. 1 .

Can you request validation of a debt?

Verify the debt is yours: Debt collectors have been known to send bills or make calls for bogus debts, so don't assume that a bill from a debt collector automatically means you owe.

How to send a debt validation request?

The best way to send your debt validation request is via certified mail with return receipt requested. This way, you have proof that the letter was mailed, the date you mailed it, and verification of when the debt collector received your letter.

How long does it take for a debt collector to send a notice?

Within five days of its first communication to you, the debt collector is required to send a written debt validation notice to you. This notice will state ​ your right to dispute the validity of the debt within 30 days. The FDCPA allows the collector to include the debt validation notice in the initial communication if that communication is a letter. When the debt collector’s first communication with you is a phone call, you should receive a debt validation letter from them within five days. 1 

What happens if a debt collector sues you?

If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must: state in the complaint why the account or document is not attached.

Can you counterclaim a debt collector?

If the debt collector suing you previously did not verify the debt after you timely requested debt verification, you may file a counterclaim against that debt collector within the same lawsuit, requesting your own damages. Some states also allow you to countersue for damages against the creditor itself for failure to verify the debt. (To learn about other defenses in collection lawsuits, see Defenses to Credit Card Debt Lawsuits .)

How much can you sue a debt collector?

Under some state fair debt collection acts, you can get more than $1,000 in statutory ...

What is the attachment rule?

In many states, a creditor or debt collector that is suing for collection of an account must: attach to the complaint a copy of the account or written contract or agreement, or. state in the complaint why the account or document is not attached. This is often referred to as the "attachment rule.". If the creditor or debt collector doesn't do this, ...

What is a copy of a credit card agreement?

A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Nowadays, it's common for people to receive collection letters or to be served with a lawsuit by a creditor or collector that they've never heard of.

What is debt lawyer?

A debt lawyer is someone with the knowledge, credentials and skill to help consumers struggling with debt sort through their financial troubles. Representing clients in cases against debt collectors is a form of consumer law, the branch dedicated to protecting consumers against unfair trade and credit practices.

Can debt collectors take you to court?

Debt collectors can take consumers to court to recover money owed and win most of the cases because the consumer never appears in court or sends a legal representative. Consumers who do appear in court with no legal representation are doing themselves a disservice.

How to stop debt collectors from calling?

Here are some common reasons to seek legal advice: 1 Debt collectors are calling you at home or work all the time. If you’re getting a lot of calls and can’t stop them with a request that the debt collectors desist, it might be time to bring in an attorney who can discuss your rights and speak to the creditors contacting you. 2 You’ve reviewed your finances with the help of a nonprofit debt counselor and have concluded that you are unable to repay your loans. 3 A creditor is threatening you with a lawsuit or has filed suit. 4 Debt collectors are treating you in a way that you feel is abusive. 5 Your creditor has repossessed your car and might be threatening you with a collection suit.

How to defend yourself in a collection case?

Before you take steps to defend yourself in a collection case, be prepared and understand what to expect. Hiring a lawyer might be part of the process, especially if you’ve been sued or suspect a suit is coming. But you can also seek advice form a debt counselor if a lawsuit isn’t in plain view. Here are a few things to do: 1 Gather all paperwork related to your debts. If you’re contacted by creditors or collectors, keep a log of the contacts, including time and date of phone calls. Keep all mail and email that you might receive. It might not all be relevant, but it’s a good idea to thoroughly document anything related to the debt collection process. 2 Contact an attorney to go over you case. You might not think you have grounds to defend yourself, but an attorney familiar with collection and debt might see something you missed. Get referrals from friends and family members. You can also go to the National Association of Consumer Attorneys website for advice and referrals. 3 Let the attorney you’re interviewing ask questions. Many successful debt-defense cases stem from violations of consumer protection laws, and the attorney will ask you questions that might suggest a defense strategy. Good recordkeeping can help you answer these questions.

What happens if you don't pay a judgment?

If you don’t do either – and that is what happens in most cases – the creditor obtain a legal judgment against you and can pursue that until you finish paying it. Before deciding whether to hire a lawyer, defend yourself or let the creditor collect on a judgment, review the situation.

What is contingency fee?

In a debt settlement, a lawyer may have contingency fees, which means the lawyer receives a percentage of money you recover. A debt lawyer can charge an overall flat fee for a straightforward process like a simple bankruptcy.

What to do if you don't owe debt?

If there is some other reason why you do not owe the debt, you should raise that defense in the collection lawsuit. Often, debt buyers sue for: 1 debts that you discharged in bankruptcy 2 credit card debts that a family member, and not you, incurred, or 3 debts that are legally invalid for other reasons.

Why do debt buyers not know when to pay their debt?

Because many debt buyers purchase debts "as is" from original creditors, they don't know if the original creditor properly credited your payments. They also might not have your billing statements or documents demonstrating when you incurred the debt.

What is debt buyer?

Debt buyers are companies that buy large numbers of debts from creditors for pennies on the dollar. The debt buyer purchases the debts cheaply, so it can make a profit even if it only collects a small amount on those debts. Once a debt buyer buys your debt, the original creditor has no legal interest in the debt.

Can a debt buyer sue you?

Once a debt buyer buys your debt, the original creditor has no legal interest in the debt. Because the debt buyer now owns the debt, it has the right to sue you. Some debt buyers sue regularly, and some rarely or never sue consumers.

What does standing to sue mean?

No Standing to Sue. "Standing" means a person or business has a legal interest in a case. In collection suits, it means a debt buyer must prove that it legally owns your debt.

Can you revive a statute of limitations?

You can revive the statute of limitations. You can restart the statut e of limitation period by saying certain things or taking certain actions, which vary by state.

What is a cardmember agreement?

Cardmember agreements have information about which state law applies to the case and how much the debt buyer can collect in interest and attorneys' fees. Often a debt buyer does not have this paperwork, and might never be able to get it from the original creditor.

What to do if you are represented by an attorney?

If you’re represented by an attorney, tell the collector. The collector must communicate with your attorney, not you, unless the attorney fails to respond to the collector’s communications within a reasonable time.

Can a debt collector sue you for time barred debt?

But even if you live in a state where a collector may still contact you, they cannot sue or threaten to sue you over a time-barred debt.

What is the FTC law on debt collection?

The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions to help you know your rights.

What is the FTC law?

The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Here are some answers to frequently asked questions to help you know your rights. This opens in a new window.

Can a debt collector contact you?

If an attorney is representing you, and you’ve told the collector, the debt collector must contact the attorney. A collector can contact other people to find out your address, your home phone number, and where you work, but usually can’t contact them more than once, and cannot tell them you owe a debt.

How long does it take to dispute a collection letter?

Make sure to send the dispute letter within 30 days. Once the collection company receives the letter, it must stop trying to collect the debt until sending you written verification of the debt, like a copy of the original bill for the amount you owe.

Can a debt collector take money from your bank account?

Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can seek a court order to take money from your bank account. Don’t ignore a lawsuit, or you could lose the chance to fight a court order.

If a debt collector sues you, it absolutely has the obligation to prove, in court, that you owe the debt

You can read more about debt collector (debt buyer) lawsuits in this section of our website. This is something the collectors hate to do.

If a debt collector writes you or calls you, it still has the obligation to show you owe the debt

If you are getting calls from a debt collector, ask the collector to send you proof that you owe the debt and that you owe it to the collector.

If the debt collector is credit reporting, you can dispute the debt but to force the credit reporting agency to remove it from your credit report you will need to show proof it is not owed

You can and should certainly send a dispute letter directly to the debt collector.

Do debt collectors go to trial?

Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence. At the end of the trial, the judge (or jury, if applicable) will make a decision. The judge or jury’s decision is then entered in the court records as a judgment, and it becomes official. (To learn about how the collector can use a judgment against you, read Types of Debt and Debt Collection Practices .)

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens when a collector files a small claims lawsuit?

If the collector files its lawsuit in small claims court, you'll probably first get notification about the suit. Then, the parties go to court for a trial in front of a magistrate or other judicial officer. Typically, a written answer is optional and rules of evidence are inapplicable.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What to do if you don't have money?

Even if you don’t have a lot of money available, it's a good idea to talk to a lawyer who can point out defenses or legal violations that you didn’t notice. Usually, it’s best to answer the suit. Also, if you have some money available, you might want to consider settling the debt.