Most junk debt buyers and collection agencies do not have access to certain documents once original creditors closed the book on old, charged off credit card accounts and this makes it difficult to pin the debt on the debtors being sued.
In such cases, instead of presenting the original credit card agreement, the plaintiff will try to present old credit card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.
Now, if your junk debt buyer or collection agent is threatening to send the copies of your old credit card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector’s summary judgment motions if the documents are not certified.
In terns of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt’s ownership. Don’t panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. They are not free to simply file anything they wish to court without authenticating such documents.
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