What Documents Does Midland Credit Management Need to Win in Court?

The Complete Answer

From 30 Years on the Debt Buying Side.

Proof of the original debt. Midland Credit Management must demonstrate that a debt existed and that you were the debtor. This typically requires account statements showing the balance history and some form of agreement establishing the terms of the original account.

Chain of title documentation. Midland Credit Management must prove they are the current legal owner of your specific account. This requires a bill of sale for each transfer in the chain of ownership from the original creditor to Midland Credit Management. Every link must be documented and your specific account must be traceable through each transfer.

Business records affidavit. To introduce account records as evidence Midland Credit Management typically relies on a business records affidavit from someone with personal knowledge of how the records were created. Courts have scrutinized these affidavits closely in debt buyer cases.

The documentation gap. Midland Credit Management purchases accounts in bulk and often receives only a data file. Under the rules of evidence they are required to produce proper records. Whether they can produce all required documentation varies case by case. The Midland Credit Management Defense Toolkit is built around knowing exactly what to look for.