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Defense 6:  Dispute the Amount of the Debt

If you believe that the amount of the debt is incorrect, you have the right to dispute it.  Remember that the plaintiff has the burden to prove that you owe the amount for which you have been sued.  The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged.  You always have the right to insist that the plaintiff come up with your original contract, account statements, and even purchase receipts, to prove the amount of the debt.

Defense 7:  No Business Relationship with the Plaintiff (lack of standing)

This is a defense that applies when the plaintiff is a debt buyer, not your original creditor.  Because you never signed a contract directly with the debt buyer, you have the right to challenge the debt buyer’s right to sue you (also known as “standing”).  The plaintiff will not be able to prevail unless it can prove to the court that it owns your debt.  To do this, the debt buyer will have to produce a contract of sale (also known as an “assignment”) that mentions your debt specifically.  If the debt buyer bought your debt from another debt buyer, it has to provide a chain of assignments going all the way back to the original creditor.  If the debt buyer cannot or will not provide these documents, the court must dismiss the case.

 

 

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