I just got out of a debt collection trial in Alabama, and I thought I’d take a minute to remind you how important it is to know the difference between owing the debt collector, and the debt collector owning the debt.
In this case, the debt collection lawyer told us that they were suing our client because they owed the debt collector money.
Our response was that they needed to prove they own the debt.
Now, maybe they really did own the debt, but they decided to be lazy and not bring their evidence that they do own it.
Regardless of what they thought, the trial date came, and they didn’t bring the evidence to support their claim.
This is a silly example, but it rings true and will illustrate what we are talking about.
Let’s say that I’m behind on my mortgage, and you sue me. You say, “John Watts is 6 months behind on his mortgage payments.”
I agree that I’m 6 months behind.
Then, you say that you get that money that I owe. The judge will say something like, “Well wait a minute. You’re not his mortgage company.”
It’s the same concept with these debt collectors.
If they can’t prove they own it, then they should lose the case.
Now, you need to look at the different requirements for proof and such depending on the court you are in, etc. but hopefully this key point is clear. They must prove they own the debt.
Hope this is helpful to you!
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