Legal Question in Credit and Debt Law in Alabama

Collection agencies very frequently fail to bring the documents they need to prove their own cases. They also often violate the Fair Debt Collection Practices Act while pursuing litigation against people they allege owe them money. In order to prove their case, they have to not only show that you actually owed the amount they claim, but also that they have proper authority to sue on behalf of the original creditor.

It is really unfortunate that you can't hire a lawyer because the best way to tackle these is to not show up in court, and to send an attorney instead. See, if you show up yourself, then the collection agency attorney can call you to the stand and question you under oath about the debt. That way, even if they don't have the documents they need to prove their case against you, they have you there to testify, and unless you want to commit perjury, they'll have your admission right there.

As for what documents you should demand before trial, that is a strategic decision you'll have to make yourself (or with the advice of an attorney). Because collection agencies often don't show up to trial with enough proof, it sometimes is better to not even contact their attorney because most people in your situation never show up for court, and if he never hears from you, he'll assume that to be the case. However, calling him and asking for documents may tip him off that you're serious about defending the case and motivate him to make sure that, at least for your case, he has whatever proof he can get.

Before you despair of hiring a lawyer, these cases are very routine and don't involve much work. If you can find a lawyer who will be at the courthouse that day anyway or doesn't have much to do on your court date, you may be able to get him to surprise the collection agency for less than you may expect to pay. I handle these cases for $100 plus (if I win) a small percent of whatever is saved.

Anyway, best of luck to you!