Preparing a Debt Collection Defense

If you are facing a lawsuit from your creditors, then you may want to consider building a debt collection defense with the help of an attorney. Defending yourself against this lawsuit is possible, even if the lawsuit is a legitimate one, but you are going to need to know a little about what to do before you begin building the defense.

First, you need to understand exactly what a true debt collection defense is, and what it is not. You cannot build one of these cases around proving why you had a legitimate reason not to pay your bills. The courts and your creditors do not care about your struggles. While that might sound harsh, it is the reality. You took on the bills, and you therefore have a responsibility to pay them.

Your creditors and the courts also do not want to hear why you cannot pay the debts. Even in the midst of the most difficult circumstances, outside of filing for bankruptcy, that bill is your responsibility. Arguing that you "can't pay" is not going to get you anywhere if you are facing a lawsuit.

Perhaps you feel that the creditor was not being reasonable. While this can be a common complaint, it is, once again, not a valid debt collection defense. Your creditor is not obligated under the law to make any concessions for you outside of what was agreed upon when you took on the bill.

So what can you build your case on? One way to have a solid case is to prove that you do not owe the money. It is possible, through identity theft or errors on the creditors' part, for you to end up being held liable for a debt you did not take on. In this instance, you can use a lawyer to help prove that you are not actually liable for that bill. If you can prove the point, you may find the lawsuit dropped completely.

Another fair defense is showing that the plaintiff did not prove its case. Whatever your creditors are suing you for, if they cannot adequately prove their point, you may be able to see the lawsuit dropped. Even on debts you legitimately owe, this can be proven. In fact, most lawyers will tell you that debt collection defense is much easier than you might think, but you are going to be best off with the help of a qualified attorney on your side.