Evidence & Standing
Making Them Prove It — Affidavit Strategy, Hearsay Objections & Deposition
The debt collection industry's litigation strategy depends on defendants who do not appear and do not demand proof. This module covers the complete evidentiary framework for the natural person's defense. Constitutional education — not legal advice.
The Natural Person's Three Weapons
The natural person is the only party with firsthand knowledge of their own account history. A sworn affidavit — denying the debt, challenging the chain of title, and disputing the plaintiff's evidence — creates a genuine dispute of material fact.
Under the rules of civil procedure, a genuine dispute of material fact defeats a motion for summary judgment. The plaintiff cannot obtain a judgment without a trial if the natural person has filed a proper affidavit raising genuine factual disputes.
Your affidavit should address: your identity and capacity as a natural person; denial of the debt and the claimed balance; challenge to the original agreement (not produced); challenge to the chain of title (incomplete); securitization research findings (if applicable); and a demand for strict proof of all elements.
The complete Affidavit template (Template 3) is drafted for the natural person, without penalty of perjury language. Notary acknowledgment is the appropriate authentication.
Deposition Questions by Category
These questions are the core of the deposition of the plaintiff's affiant. The complete deposition outline with follow-up questions is in Template 6.
Evidence & Standing Framework
| Element | Plaintiff's Burden | Natural Person's Challenge |
|---|---|---|
| Standing | Prove ownership of the right to collect | Challenge chain of title; demand all Bills of Sale |
| Original Contract | Produce the agreement | Demand production; object to secondary evidence |
| Account History | Establish business records foundation | Challenge affiant's personal knowledge; hearsay objection |
| Balance | Prove accuracy of claimed amount | Demand itemization; challenge post-charge-off additions |
| Securitization | Establish authority to collect despite PSA | SEC EDGAR research; PSA provisions |
| Affidavit | Establish personal knowledge | Depose the affiant; expose lack of knowledge |