If you are sued by a debt collector, you will automatically lose unless you respond. Ideally, you should respond through your own lawyer.

A creditor may bring a lawsuit against you as a tactic to get you to pay the debt the creditor says that you owe. Whether or not the creditor truly has a case (has the law and the facts on his side), unless you respond to the lawsuit; you’ll automatically lose.

Since most consumers have little or no experience with lawsuits, it is strongly advised that you contact a lawyer in the event that you are sued by a creditor. Defending consumers in collection suit is a core practice area at Schlanger & Schlanger, LLP.

In this kind of lawsuit, the plaintiff (i.e., the party suing) must be able to prove several things:

• That it legally holds the debt. Many times debts are sold to collection agencies, which then may turn around and sue the consumer. If you are being sued by a collection agency and not the original creditor, the collection agency must prove it owns this debt by submitting admissible evidence, such as an “assignment” of the debt from the original creditor to the agency.
• That the debt is in fact yours. Typically, this would involve the plaintiff’s showing a contract with your signature, evidence that you made charges on the card, monthly balance statements, etc.
• Proof that the amount of debt is correct. The plaintiff must be able to prove that amounts are right and that any fees and penalties are authorized under the law.

Challenging a debt-collector on these grounds can be tricky but if done properly, it can lead to a reduction of the total amount owed (i.e., a settlement) or outright dismissal of the lawsuit. In some cases, the debt collector can even end up owing money to the consumer. Consumers are well advised to find able legal counsel with experience in collection suits to navigate these situations. Please contact Schlanger & Schlanger for a no-fee over-the-phone discussion of your case.