Debt Collection Isn’t a Done Deal: Make the Debt Buyer Prove It
A collection letter is a claim, not a verdict. Here is how debt buying works, how to request validation, and what a debt buyer has to prove before it can collect or win in court.
Lawtopolis newsletter articles on procedure, research and doctrine.
A collection letter is a claim, not a verdict. Here is how debt buying works, how to request validation, and what a debt buyer has to prove before it can collect or win in court.
Strawman, redemption and “secret account” theories use real legal words. Here are the real concepts behind them and what courts have said, so you can decide for yourself.
Federal servicing rules limit how soon foreclosure can begin on most home loans. Here is how the 120-day rule and the loss mitigation protections work.
Court rules decide deadlines, formats and what a filing must contain. Here is a simple method to read a court rule correctly and confirm it is still in force.
Owning a debt and having the right to enforce the note are not always the same thing. Here is how UCC Article 3 decides who may enforce a note.
Foreclosure happens in one of two ways: through a lawsuit, or under a power-of-sale clause without one. Here is how to tell which applies.
Being served with a lawsuit starts a clock. Here is how the first weeks of a federal civil case work, from the summons to the answer deadline.
Looking for a state's court rules instead? See procedures for all 50 states and D.C.