How to Fight a Debt Collector in Court

By understanding the finer points of consumer protection law, you can turn the tables on debt collectors in court and fight to have an incorrect or incomplete debt discharged. Consumers fighting a debt collection claim have various options, including arguing the case in court for a final judgment. Properly preparing your case can improve your chances of winning the case and having the lawsuit overturned.

Instructions

1

Comply with the instructions printed on the court summons, which may require a telephone response or a written response before an appearance in small claims court.

2

Understand consumer rights and debt collection. The Fair Debt Collection Practices Act (FDCPA) outlines the ways in which a debt collector can collect a debt. Incorporate examples of deceptive collection practices into your defense.

3

Raise a defense and argue your case before a judge. Your defense explains to a judge why you have not paid the full amount due. Defective merchandise, bankruptcy discharge of debt and expired statue of limitations are examples of legitimate reasons. Cite examples of FDCPA violations including threats and harassing phone calls.

4

Enter supporting documents into evidence. Provide copies, not original documents, in case of loss. Include documentation that supports your defense such as receipts, billing statements, canceled checks, settlement letters and bankruptcy filing records. Taped phone conversations may be admissible in court. Only 35 states and the District of Columbia allow you to secretly tape phone conversations, so research the law before doing so.

5

Submit a counterclaim if you believe the debt collector owes you money. If a debt collector has failed to credit your account for a debt you've already paid, ask the court to cancel the debt collection and order the debt collector to credit your payment.