Elements to Prove
A debt buyer must prove: (1) a valid debt existed, (2) you are the debtor, (3) the amount is accurate, (4) they have the legal right to collect, (5) the debt is not time-barred. Each requires evidence.
Admissible Evidence
Debt buyers often try to prove their case with their own database printout plus a business records affidavit. But they did not create the original records. Many courts reject this evidence as lacking foundation.
Common Deficiencies
Watch for: affidavits by employees with no knowledge, statements that do not match, no original signed agreement, no documentation of interest/fee calculations, and balances exceeding what the original creditor reported.
Frequently Asked Questions
Can they win without the original agreement?
In some courts yes, with other evidence. In others, no. The trend is toward requiring more documentation. Challenge the absence.
What is a robo-signed affidavit?
An affidavit signed by a debt buyer employee with no personal knowledge of the original account. Signed hundreds per day. Courts increasingly reject these.
How do I object to their evidence?
Raise objections: hearsay, lack of foundation, authentication, and best evidence rule. A consumer attorney can coach you on trial objections.
Check your bankruptcy discharge eligibility with our free screening tool.
Free Discharge Screener