If you’re being sued by a debt buyer, there are a number of things that you can do to defend yourself. Debt buyer lawsuits are actually easy to defend if you know what to look for. Many of the red flags are found right on the document that is served on you.

I’m going to describe 8 things you should look for when reviewing a complaint.

NUMBER 1 – you should carefully look at the summons and complaint that is served upon you. Look at the name of the plaintiff named in the lawsuit. A plaintiff is the entity suing you. If you look very closely at the exhibits attached to the complaint, many times they’re talking about a whole different entity that’s not even the plaintiff. Well who is the plaintiff? The one named on the complaint or the one named in the exhibits? This type of defect is grounds for dismissal.

NUMBER 2 –  look at whether or not the debt buyer established a contract between you and the original creditor that they bought the debt from. Did they attach a contract to their complaint? Probably not. Is the contract signed by you? Probably not. Many times, instead of a contract, they attach the terms and conditions of the credit account. That’s not a contract. Look at the date of the terms and conditions. Sometimes the terms and conditions are dated months or even years after your account was even opened.

Can you even read the document? If the document is legible?  What good is it if you can’t read it. And, if they do attach terms and conditions to the complaint, look to see if it identifies the original creditor.

NUMBER 3 – Look at whether or not the debt buyer’s lawsuit establishes a chain of title that tracks the ownership interest from the original creditor to the debt buyer. Many times, the debt buyer can’t even show that because they don’t have the documents to prove chain of title. Sometimes, the debt was sold multiple times. They’re buying hundreds of accounts. They usually do not have supporting documents because the seller of the debt never provided those documents to the debt buyer.

And remember, if they can’t prove the chain of title, then the debt buyer doesn’t have standing to sue you.

NUMBER 4 – Look at the damages they are seeking. That’s the amount that they are suing you for in their complaint. The debt buyer bought the debt for pennies on the dollar, but is seeking the entire amount that was due to the creditor. Is that fair? Why should you be obligated to pay the entire amount when the debt buyer was only damaged by their low purchase amount? In the law, that theory is called unjust enrichment. You could argue that issue before the court. If the debt buyer purchased the debt for $80, why should you pay them $2,000?

NUMBER 5 – look at the documents to see if the debt is beyond the statute of limitations. If the debt buyer can’t show that the debt was governed by a particular state’s statutes, then the statute of limitations law of state that they’re suing you in applies. This is important because some states have short statute of limitations periods. Check your local law for your state’s statute of limitation period on contracts.

NUMBER 6 – ask for the debt buyer’s purchase contract with the original creditor – if they can even produce it. If they do provide the contract, look to see if the purchase contract shows if the original creditor made a representation about the validity of the debt that they sold. Many times, if they can even produce that document, there is absolutely no representation guaranteeing the validity of the debt. That helps your case.

NUMBER 7 – look to see if the debt buyer redacted the name of the data file that they purchased, how much they paid, and other information that identifies the debt they’re suing you on.

NUMBER 8 –  Look carefully at their affidavits. Affidavits contain errors. Look to see the affidavit’s relationship to the transaction. Does the affiant have personal knowledge of the transaction?

There is so much more that you can discover just from reading the documents that they use as their evidence. Look at the documents carefully. Read them over and over. I bet you’ll find defects in their case if you actually take the time to look.

Download this helpful Guide to Understanding and Answering a Debt Buyer Complaint.