Ask The Debt Collectors To Prove Your Debt Or Disappear

If a debt collector cannot prove you owe the debt, you win the case. In as many as 90% of credit card debt lawsuits, the lawyers filing suits against you do not have documentation to prove that you owe the debt.

Debt collection attorneys and law firms that sue debt collection cases against you have questionable backgrounds. These attorneys bet the odds that you would not show up or respond to the lawsuit. They hope to make easy money at your expense. Statistically speaking, only one in ten consumers sued over a debt does not respond or show up in the court.

It is a sad but frequently repeated reality that debt collectors or their attorneys are forcing a debt on you. As an ill-informed consumer you are giving up your legal rights if you allow these firms to prove you owe a debt or an amount more than you owe. If you access your rights while these people intimidate you with their tactics, you can turn the case in your favor.

Another sordid technique that debt collectors often repeat to make easy money is to bring the dead to life. In a case filed by Portfolio Recovery Associates Inc., Martha Kunkles name appeared on affidavits for many years after her death in 1995.Though Portfolio stopped using her name after being sued for fraud in 2008; her name reappeared again in an affidavit in July 2010.

It is still being investigated if Ms Kunkles name is still being used in affidavits in consumer litigations. Consumers that were sued by Portfolio, and had judgments against them in the past should seek to re-open their cases and see if the judgment was granted based on an affidavit signed and attested by Ms Kunkle. If her signature is discovered, consumers can apply to court to overturn the judgment in their favor.

Affidavits are useful court instruments that are used in debt buyer (junk debt) lawsuits because in as much as 90% of the cases these debt buyers ave no proof but still obtain judgment in their favor. These affidavits are regularly produced by junk debt buyers who follow this procedure to make money.

The Fair Debt Collection Practices Act (FDCPA) has in it guidelines for debtors on their rights as debtors. The FDCPA clearly states your right to proof of debt in the absence of which you may state to debt collectors to back off. The FDCPA attorneys advise consumers to understand this right and ask for validation from the debt collectors if they have been contacted by one. One demand from you is enough to shake the case in its foundation.