Debt buyers who file suit rarely have any proof that (1) they actually do own the debt and are entitled to collect it; and (2) that the consumer actually owes the debt.
1
Three primary defenses
1. Statute of limitations;
2. Assignment and ownership; and
3. Indebtedness.
2
Options when in garnishment
1. Answer;
2. Vacate the default judgment, quash the garnishment, and defend the lawsuit;
3. Claim an exemption;
4. Attempt to negotiate a settlement;
5. Pay the debt; or
6. Bury everything in the back yard.
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