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Why You MUST Get A Lawyer When You Are Sued By A Debt Buyer!


In truth there are many reasons why you should get a lawyer whenever you are sued, even on a collection case that you admittedly owe. However, when you are sued by a debt buyer it is imperative that you get a lawyer experienced in those types of cases. In fact, debt buyer cases is when you need a lawyer the most because if you don’t, you will be making the case for the debt buyer.

Let me explain:

Let’s say you have a credit card with Citibank. That means you have an agreement with Citibank. Only the parties to the contract can testify to the contract or the documents that represent the contract. Those parties are you and Citibank. The debt buyer that buys that debt cannot testify to the authenticity of your credit card contract with Citibank.

In court, the debt buyer has to show proof of that contract between you and Citibank. Again, the only way that can happen is if you or Citibank testify that a contract existed. Citibank has sold the debt and will not be testifying at all. So that leaves YOU alone as the party to “verify” the contract to the judge. If you represent yourself in court, you will be present obviously. The debt buyer will merely call you to testify and ask if you had a credit card with Citibank. When you say yes, you have just proved the existence of a contract between you and Citibank.

So out of your own mouth, you have just made the debt buyers case for them! All they have to do next is show how much is due and that they now own the debt (which is easy for them to do because they have a contract with Citibank to buy your debt, so they can testify to that).

So how do you solve this problem? You do not appear at the trial! If you are not present, they cannot ask you any questions! If they can’t ask you anything, and Citibank is not present, they cannot prove the existence of your credit card agreement. You win!

You may ask, how do you not go to your own trial? When you have a lawyer, you do not have to show up! We never bring our clients to debt collection trials (unless they have been subpoenaed, which is very very rare). In over 30 years of trying these cases, my client has only been present when they did not actually owe anything.

Moral of the story: do not ever represent yourself in court when you are sued by a debt buyer.

If you're facing a collection lawsuit or other financial troubles, don’t go it alone. Fitzgerald & Campbell, APLC will thoroughly review your financial situation to determine what is your best option. We're confident our knowledge, skills, and experience will get you the financial restart you need.

For a free consultation, call us today at (844) 431-3851 or contact us online.

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