If you are being sued for debt collection, you are known as the defendant. The debt collector is referred to as the plaintiff. The plaintiff is required by law to prove its case against you. At Law Mart, we shine when it comes to raising defenses that can dismiss the case against them such as:

• No Standing for the Suit — The legal term “standing” refers to the legal interest in the case. The plaintiff (debt collector) must have a standing, or provable, reason to sue you and that must be proven to the court by providing the appropriate documents such as presenting a purchase contract or similar legal paper that shows there was a qualifying agreement between you and the debt collector. If this legal document is not produced or does not meet the requirements, there is no standing to sue and there is an excellent case we will win your suit.
• Inaccuracies of credit and billing histories — Credit and billing histories must be presented when a collector is bringing suit against you. Oftentimes, debt collectors purchase debts from the original creditors. It is not unusual for the debts to be sold “as is” which means they may be missing vital information such as up-to-date billing statements. If this is the case, we may be able to get the suit against you dismissed.
• Missing paperwork — All required paperwork must be presented to the court by the debt collector. It must verify without a doubt the agreement between you and the original debt collector. If the documents cannot be produced or if there are any errors, the case against you may be dismissed.
• Lacking evidence — The burden of proof is on the debt collector. If any of the original documents are missing vital information or cannot be produced at all, your case must be dismissed.
• Statute of limitations in California — Most creditors within the state of California are required to file a debt collection lawsuit during the first four years from the date of default. It is not uncommon for the statute of limitations to expire and if it is, we will be able to have the case against you dismissed.
• Debt Not Legitimate — There are also times when the entire suit is not legitimate. Perhaps your identity was stolen or your debts were discharged in bankruptcy. If you do not owe the debt, you still need a defense attorney to prove your case and to ensure it is dismissed.