When you’re being sued for a debt, it can feel overwhelming and intimidating. Debt collection lawsuits are common, and creditors or debt collectors often count on consumers not knowing how to defend themselves. However, one of the most powerful tools in your debt defense is evidence. Gathering and organizing the right evidence can make the difference between losing your case and having it dismissed.
Below, we’ll walk through how to gather evidence for your debt defense—and why this process is critical to protecting your rights.
1. Start by Understanding the Claim Against You
Before gathering any evidence, review all documents you’ve received related to the debt lawsuit. This typically includes:
- The summons and complaint, which explain who is suing you, the amount they claim you owe, and why.
- Any supporting documents filed by the creditor or debt collector, such as account statements or contracts.
Understanding the claim helps you identify what the other side is trying to prove—and what you’ll need to challenge. For instance, if the collector claims you owe on a credit card, you’ll want to see whether they can actually prove they own that debt and that the amount is accurate.
2. Gather All Account and Payment Records
Next, collect any documentation you have related to the debt in question. This can include:
- Original credit agreements or loan contracts
- Bank statements or payment receipts showing you made payments or paid the debt in full
- Emails or letters from the creditor or collection agency
- Credit reports showing how the debt is listed
If you’ve already paid the debt, written proof—such as canceled checks or receipts—can serve as strong evidence. Even partial payments or settlement agreements can help demonstrate inconsistencies in the collector’s claim.
3. Request Verification of the Debt
Under the Fair Debt Collection Practices Act (FDCPA), you have the right to request debt validation. This means the collector must provide proof that you actually owe the debt and that they have the legal right to collect it.
You can send a debt validation letter within 30 days of the collector’s first contact. The collector must then provide documentation such as:
- The name of the original creditor
- The exact amount owed
- Proof that they own or were assigned the debt
If they can’t produce proper documentation, the court may dismiss the lawsuit.
4. Identify Any Errors or Inaccuracies
Debt buyers often purchase large portfolios of old debts for pennies on the dollar, and records are frequently incomplete or inaccurate. Review all documentation carefully to spot errors such as:
- The wrong amount being claimed
- Incorrect account numbers or names
- A statute of limitations that has already expired (meaning the debt is too old to collect)
- Lack of assignment proof showing the collector owns the debt
If you find any discrepancies, make note of them and organize supporting evidence. Errors can be powerful grounds for dismissal or negotiation.
5. Gather Witnesses and Supporting Testimony
In some cases, you may have witnesses who can support your defense. For example:
- A bank representative who can confirm payments were made
- A credit counselor who helped you settle debts
- Anyone who witnessed communication or harassment from collectors
Written statements, affidavits, or testimony can strengthen your case, especially if they back up your version of events.
6. Organize and Present Your Evidence Effectively
When preparing for court, organization is key. Create labeled folders (physical or digital) for each type of evidence—contracts, payments, correspondence, credit reports, etc. Prepare copies for both yourself and the court.
If you’re representing yourself, practice explaining how each piece of evidence supports your case. However, this is often where professional legal help becomes essential—an experienced debt defense attorney knows how to present evidence in a way that meets court standards and maximizes your chances of success.
How Fitzgerald & Campbell Can Help
Defending yourself against a debt lawsuit can be stressful and complicated, especially when creditors have legal teams on their side. At Fitzgerald & Campbell, we help individuals understand their rights, challenge improper debt claims, and build strong defenses supported by solid evidence. Whether the collector lacks proof, miscalculated the balance, or violated the FDCPA, our attorneys know how to uncover the truth and protect your financial future.
If you’ve been sued for a debt, don’t face it alone—contact Fitzgerald & Campbell today for trusted guidance and aggressive debt defense representation.