I recently was sent a copy of a denial of default judgment out of Louisiana. Download In that case, Arrow Financial Services asked the court for a default judgment. The court rejected it. Why? For the simple reason that Arrow could not prove that there is a contract or that they had been assigned the rights of the contract.
This is a big decision and one that will largely be ignored. Judge Robert Murphy is forcing the debt collectors to prove the elements of a case. This is a very welcome decision.
If you have been sued by a debt collector, do not assume it is your debt or that you owe the money. There is value in forcing the debt collector to prove its case, as Judge Murphy shows. You also want to talk to an attorney about your rights.