How to Defend Yourself in Court Against a Collection Agency
Many people defend themselves in court against collection agency lawsuits over an old debt. The alternative is to either hire an expensive lawyer or deal with a default judgment on your credit report. Though you might not win, attempting to fight your lawsuit might save you money.
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Instructions
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Check your state's statute of limitations for debt collection. If the statute of limitations has run, you may ask the court to dismiss the lawsuit.
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Bring with you every piece of documentation you have to help you dispute the debt. This includes copies of the validation letters you sent (if you sent any), what you received back (if anything) and the green cards that prove the letters about the debt were received by the collection agency.
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Dress nicely and speak clearly and confidently. You want the judge to view you in the most positive light possible.
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Consult with others who have successfully defended themselves against a collection agency in court. Ask what strategies they used and what you should expect. It is easy to find people who have done this on various credit forums.
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Read the Fair Credit Reporting Act and the Fair Debt Collection Practices Act before you go. Identify any illegal tactics used by the collection agency in an attempt to collect your debt.
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Make a list of infractions of the FDCPA and the FCRA that have been committed against you by the collection agency in their attempts to collect your debt. It is best if you can date your list. Bring this to court with you.
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Bring notes. If you get nervous, you may not remember everything that you want to say. It's perfectly okay to bring notes to court along with your documentation.
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Tips & Warnings
If at any point during court you openly admit that the debt is yours, you lose (unless the debt is out of statute). A better way to express your relationship to the debt would be to state that you do not recall the debt, thus forcing the burden of proof onto the collection agency or creditor.
