And why do I owe them money? Good thing for at least one person, this issue was challenged in court. The following article discusses an appeal in Tennessee with a favorable outcome for a debtor and favorable case law for consumers. The issue in the case is whether an affidavit can serve as sufficient proof that a debt is owed and the debtor is liable.
The problem this creditor faced is common in the debt collection industry. Debt is bought and sold on a regular basis and the paper trail does not follow. The Tennessee court held that a subsequent purchasers of the debt cannot simply prove up its case by submitting an affidavit stating that the debt is due and owing. They must show the accounting from the inception of the debt. Being unable to provide this, the suit failed for lack of evidence. The article points out that there are similarly situated debtors out there paying on debt they may not be legally required to pay. Why? Sloppy courtroom procedure by the bench and consumers’ lack of good representation. Don’t fall into this trap. If you find yourself involved in a lawsuit and you cannot identify the Plaintiff as your original creditor, seek the advice of an experienced attorney.
Kevin Fallon McCarthy
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