When you’re being sued by a debt buyer, what if you believe that you already repaid the debt, and therefore don’t owe the debt buyer anything? What is you know that you owe the debt, but the Debt Buyer’s attorney can’t prove it. This is how you request documentation during the lawsuit.

You need to make a written request to the debt buyer’s attorney to produce documents. These documents should show how the debt buyer is establishing the debt that they claim is owed to them. If they can’t produce the documented proof, then the case should be dismissed. The form that you can use is called a Request for Production of documents. Here is the link to the document that you can download for a small fee.

The debt buyer’s attorney must prove that the amount claimed is verified by the original creditor, and that the amount claimed is accurate.

Don’t accept their word for it. Make them prove it.

If the debt buyer’s attorney does provide the documents that you requested, then the next step is to look at them. Do the documents show all of the charges that you made over the course of your use of the credit? If they do, then you can try to prove that you paid on some of the debt, or all of the debt. Or, that the statement is inaccurate, or doesn’t prove that the debt is owed.

Do you have canceled checks? Do you have statements from your checking account or statements from some other payment method? You can compare those payments to the statements that the debt buyer’s attorney provides to you. The statement should show each charge that was made on the account.

If you’ve watched my other videos on debt buyer lawsuits, I’ve said that debt buyers purchase debt the thousands of dollars in huge portfolios. What does that tell you?

It’s more likely than not that the debt buyer doesn’t have verification of the debt from the original creditor. The debt buyer’s attorney is looking for you to not dispute the debt, or to not even show up in court. It’s also more likely than not that the debt buyer’s attorney doesn’t even have the documentation to prove the accuracy of the debt.

You must start my making them prove that the debt is verified and that the stated debt is accurate. Without that information, the debt buyer’s attorney won’t be able to succeed in their lawsuit.

If the debt buyer’s attorney can’t get past that hurdle, then there is nothing else to talk about. Move the court to dismiss the case.