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Creditor Lawsuits Creditor Lawsuits

If a Lawsuit Is Filed

A Final Note

There is a fine line you must walk when presenting your case in court during a creditor lawsuit. You might be asked, point blank, whether the alleged debt is yours (or something else you feel might damage or even kill your case).

Never lie—don't perjure yourself—but it is perfectly reasonable to say that you are unsure. The creditor is the one bringing the case against you. They are alleging that you owe them money, that they are legally entitled to collect on that alleged debt, and that the amount they are alleging you owe is correct. It is up to the creditor to prove it, not the other way around.

It is perfectly acceptable to state that you don't know the answer to a question. Anything that you or the creditor might say that isn't backed up by actual documentation is merely hearsay.

If someone who says I owe them money were to sue me and asked me to admit that I owe them, I might respond, "I cannot make a legal determination until I see the original documents or other admissible evidence relative to this assertion."

That way you're not saying yes, you're not saying no, you are simply saying you can't answer until you are given information that helps you refresh your memory or in some way clears up a concern or question you have. Bottom line: don't make the plaintiff's case any easier by admitting anything that might help their case.

> Judgments

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