We specifically ask that you don't attend the hearing, because this would give the creditor the right to cross examine you. No matter what you say, it becomes evidence toward meeting their burden of proof.
Your absence strategically gives their attorney only one outlet to prove their case, which is providing credit card statements and bills to the judge.
But this type of evidence, which is created by the bank and then sold to a third-party, is "hearsay evidence," which is inadmissible in court, unless the creditor can authenticate those documents.
Authentication is defined as: "The process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery."
This authentication is available to your creditor when they buy they debt, but most debt buyers choose to not buy these documents. They seek to win in court on default judgments. This means they meet you in court, provide the documents to the court, and without your objection, the court allows them and rules that you owe the debt.
This is why it's important to call a law firm like Fenters Ward and have a knowledgable attorney represent you in court.
For more information, visit or call 412-685-3284.
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