What Can Be Used As Proof of Debt in Court?

If you owe a debt that you don't want to or can't pay, your creditor may take you to court. In a court case to collect debt, the burden of proof is on the plaintiff, the person who filed the suit: If he can't present proof that you owe the money, he loses the case. Even if he shows proof of debt, you may have defenses you can use against him.

Proof of Debt

To win her case, your creditor must prove three things to the court. She must prove that you owe the debt and that you owe the amount she claims you do. This usually requires the original contract with your signature, and bills and account records to show past payments, interest, fees and penalties. The plaintiff must also prove she owns your debt; if she bought your debt from the original creditor, she will have to present a contract to prove so.

Defenses

If your creditor offers proof of your debt, there are defenses you can raise in court, the Consumer Law Center states. Effective defenses include that the debt resulted from fraud or identity theft; that your state's time limit for collecting the debt has expired; that you were using someone else's credit card and don't have your name on the account; or that you've paid the debt or discharged it in bankruptcy. If you claim you've already paid the debt, you will have to present proof of that.

Settlement

Even if the debt is valid, your creditor may have difficulty gathering the proof, especially if it's an old debt. If you do owe the money and you can afford to pay at least some of it, you can ask the creditor if he's open to a settlement agreement. Decide how much you can afford to pay and negotiate a deal: You'll pay -- either a lump sum or installments -- and the creditor wipes out the rest of the debt and doesn't try to get a court judgment against you.

Considerations

If you receive a court summons for a debt case, you need to file an answer to ensure you have the right to present your defenses in court. If you don't answer or you miss the scheduled court date, the judge may grant your creditor a default judgment. If your income is "judgment proof" -- you live on Social Security, which can't be garnished or confiscated, for example -- your creditor can't do anything to you even if you lose the court case.