Defending Yourself Against Collection Agency Lawsuits – Questions to Ask Yourself

When you were served your summons and complaint, what went through your mind? This article goes through the questions that went through my head when I was served by several collection agencies and an original creditor.

I won three cases in a court of law. I’ve included details relating to all three of these cases as I wanted to give you all an idea of exactly why I chose to fight every single one of them back! And if you feel the same way as I did, you will fight them back as well.

Keep in mind that just because a company says you owe them all this money, they need to prove it. And just because they claim that they are the assignee of a certain bank, isn’t sufficient. That needs to be proved as well, along with many other things.

  • Who is LVNV Funding? This is the first time I have ever heard of this company and debt and you think you can just serve me a summons and complaint and claim that I owe you all this money? Prove this in a court of law.

  • (LVNV Funding and Red Rock Lake Financial) The money that you claim on your complaint is inflated by thousands and thousands of dollars and you have attached no proof whatsoever showing how it is possible that I owe all of this money. Prove it to me in a court of law.

  • (LVNV Funding) You have never sent me any letters and you have never attempted to collect this alleged debt. Now you think that you can just sue me in court and not attach any documents proving it? Prove to me in a court of law that I owe you money (my guess is that you want me to ignore my summons so you can get your default judgment).

  • (LVNV Funding) I don’t even know who you are and I have never heard of your company before. I don’t see any assignment attached with proof that the original creditor sold you this debt. I don’t remember ever signing a contract with your company and you most certainly have not attached any documented proof that I owe you anything. Prove to me, in a court of law, that you own this debt.

  • (Red Rock Lake Financial) I don’t remember opening an account with this original creditor as you claim I did per your complaint. Show me the original credit card contract that proves I did so. Prove this in a court of law.

  • (Capital One) How did $300.00 turn into $2,500.00? You have stated on the complaint that I owe you over $2,000.00? Prove to me, in a court of law, that I owe every penny that you say I do.

  • (LVNV Funding) You claim on the complaint that you are the assignee of Providian Bank. Where are the documents that show that the original creditor signed this debt over to your company? Do you think you can sue me without that proof? Prove to me, in a court of law, that you can legally sue me.

  • (Capital One Bank) Your credit card agreement has a copyright date of 2005 on it and yet I allegedly defaulted on this account back in 2002. You are suing me under the terms of that agreement. This agreement’s terms are 3 years later that the 2002 agreement that I allegedly agreed to. Prove to me, in a court of law, that the terms of the 2002 agreement are the same as the terms on the 2005 agreement. That ticked off the lawyer big time. By providing me with a 2005 agreement, he would have to come up with the 2002 agreement to prove that those two agreements were the same. I knew that if they’d had a 2002 card agreement to begin with, they would have filed that with the court and not the 2005 agreement, so I knew I had them right then and there. I filed a motion to strike this agreement and won the entire case.

I could keep going but my entire point is that almost every single complaint filed by a collection agency is flawed. They claim many things but I don’t see any proof to back up the claims so, prove it to me in a court of law. So please understand that just because they are suing you, it does not mean they will win.

Just by answering your summons, you will make them have to come up with every single document necessary to win in a court of law. Collection agencies don’t have every single document to do this but because they are suing you, they want you to assume that they do. They have thousands and thousands of accounts so do you really think they have all the proper documents, assignments, credit card statements, original contracts etc., to win all of their cases?

If you are being sued by the original creditor, you obviously have work ahead of you but they still can be beaten. Collection agencies don’t have any records of your contracts, statements, payments etc., They have a lot to prove in a court of law.

So take a good look at that complaint you have just received and ask yourself all of those questions. Now my question to you is: are you going to defend yourself against this lawsuit now?

I hope so.