Here is an interesting post from a collection attorney in Michigan concerning a debt buyer trying to prove its case against a consumer. While we differ with the author (Gary Nitzkin) on several issues – we do believe that the debt buyer must bring a witness from the original creditor, for example – still the substance of the article fits with our view of the law. And that is that it is very difficult for most debt buyers to prove their case because they are unwilling to follow the simple rules of evidence in a collection lawsuit.
They sue on debts they have no business suing on and refuse to dismiss lawsuits when the consumer challenges the suit. The entire strategy of the debt buyers we have dealt with is to hope and pray the consumer defaults. Don’t let this strategy work – instead answer the lawsuit and challenge the ability of the debt buyer to prove its case at trial.
Feel free to contact us if you are dealing with a debt buyer lawsuit – we can help you understand your options and legal rights.
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