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It's not necessarily true that they can't prove they own the debt.

In our experience, whether they can or not, they refuse to provide evidence that they own it.

That may be because they can't, or they don't understand how evidence works in court.

We've seen these debt buyers come into court and use affidavits as their evidence.

Judges often don't allow written or sworn statements as evidence.

Maybe they do know how to prove it.

When we deal with debt buyers, we require them to show the purchase agreement between the debt buyer and the original creditor.

If they don't enter the purchase agreement as evidence, then we say their case has no evidence.

Most of the time these debt buyers will say they can't provide the purchase agreement because of confidentiality.

This simply isn't true, since you can usually find those agreements online.

They make this excuse because there's usually a clause in the agreement that essentially says that the debt buyer is buying the debt "As is."

This is a problem for them because the original creditor is saying that they make no representation that the debt information is accurate.

Debt buyers swear that they prove they own the debt all the time, but we haven't seen them do it.

Thanks for watching!

John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
2058792447
https://www.alabamaconsumer.com/
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