No Adequate Bill of Sale or Chain of Title
We tell you specifically what to look for to know that the debt collector has this problem, but many debt collectors can’t seem to show an adequate bill of sale. When the debt has been sold more than once, the debt collector is almost never going to have what it needs to prove its right to sue you. The Report shows you what questions to ask in discovery to get proof of the problem, how to show it to the court, and give you case authority for the position you are going to take. The bottom line, though, is that the debt collector will often fail to prove actual ownership of the debt. Without that, it has no right to sue you.
Hearsay and the Business Records Exception
Debt collectors buy debts from other people who created and kept all the records of the debt. They almost never get what they would need to introduce these records in court properly. We explain the rule against hearsay in the report and show why the debt collectors’ efforts to avoid that rule not only should not work but actually probably amount to a violation of the Fair Debt Collection Practices Act (FDCPA). We give you cases and arguments, and we show you how to get what you need to prove your case.
Debt collectors rarely bother to get the credit card contract or application for which they are suing you. They say they don’t have to, but…
We’ll show you why they do. Again, we give you the case law and show you how to find the debt collector’s weaknesses through discovery. And we also show you how to deal with the most common way debt collectors try to avoid the huge problem not having a contract can often bring: the “Account Stated” claim.
As we’ve said, almost all debt collection cases share these weaknesses, and you can usually kill their case with the information in this report. You may need to do some research to make it just right, and you will definitely need to understand the arguments, but this will take you a long, long way towards beating any case brought by a debt collector.