Proving Ownership of the Debt - How Big a Deal is That?

There is also a description of a new approach, which will be introduced with a set of three videos. Those will be linked here when they are ready, shortly. The first of those videos will be published for public view, so if you are subscribed, you should get it wen it comes out.

In this video we consider how important proving ownership of a debt is and how hard it is for a debt collector to prove it. Spoiler alert: it is important, but not hard. Still, sometimes debt collectors don't manage it, and that should result in the case being dismissed.

When the debt has been sold more than once, each transaction should show a valid proof of purchase - a "chain of title." And failing that, the suit should be dismissed.

But it isn't always dismissed, and that brings up the larger point, which is that as a pro se defendant, you must always be trying to defeat the debt collector's case at EVERY weak point. There are many, and your job is to nail them all. Rea debt defense requires working hard to find and demonstrate weaknesses in the other side's case and never being satisfied till you've got them all, since anything else leaves your victory to the hope the court did the right thing.

[chrisblanchard]

This guy is top notch. Knows his stuff. Got myself out of a few jams with his info

[JasonAlan]

I love your videos! Keep up the good work!

[bellatype]

Great video! My case involves a debt collector and original creditor who are owned by the same person. So I have several arguements to make I'm going to court tomorrow to file a motion to set aside a default judgement! I don't think I would be as prepared if I didn't watch your videos. Thank you!

[ceorunner]

Thanks for sharing this information. I am going to court with Capital One ( original creditor) later in January. I have already gone to court and did my best to use your advice. Before going to court I had sent them a request to verify debt and a copy of the contract which they never responded to. However during court the lawyer provided me with some information which doesn't verify the debt its like 5 statements or so and no copy of a contract. Because I was given the information which I requested earlier that day in court the Judge gave me thirty days to review documentation then come back. During court the lawyer said they never received the request although I sent the request via certified mail although a week after court I received the documentation requested stating its the response to the request I made which is exactly the same document I was given in court. At this rate, I am weighing out my options on how to go about next time in court. I plan on focusing on never receiving the signed contract still and bringing up how they did received the certified letter but decided not to respond to attack their credibility. While also bring up that the paperwork does not prove that I owe them the amount but in the state of Georgia I am not sure how much proof they need to provide. Any thoughts on how I can better prepare for my next day in court? Also to note, I brought a letter from Capital One stating that I am disputing the charges they reported to the credit bureaus as well. I was going to send them another request for the contract again but thought to maybe use the sandbag strategy you spoke about in one of your videos however since it seems like they don't respond to their mail it may strengthen if I say to the judge I sent it a second time and still no response there fore they are unwilling or unable to provide the copy of the contract so therefore the case should be dismissed.

[Ga]

I will sign up for your diamond pkg. 18 months
Thank you
To fight 4myself and help others.

[sauceboss]

Just got sued in small claims for 4999.90 which is 10 cents short of the max in the attachements all they sent was me signing insurance for the loan and like 40 pages of statements.. they didn’t send any bill of sale or proof of ownership I’m going to reply with a pld-c-10 and attach my affirmative defenses “attachment 4” and state that they have no proof of ownership and lack of privity

[nayfleww]

Im being sued by Midland Credit Management, Inc but all the paperwork in the complaint states that Midland Funding, LLC is the owner of the debt (bill of sale, affidavits, etc) Shouldn't Midland Funding be the Plaintiff, not their debt collector?

[wickedfisher]

I recieved a letter from a collection agency a while back. I sent them a letter, (without admitting to owing the debt), asking them to validate the debt in question. They have never responded & this was over 6 months ago. Have they violated my rights and the law?

[chrismorgan]

How is subrogation any different than a debt collector?