I being pursued for a medical debt. I have sent the collection attorney an initial letter in accordance with the FDCPA for proof and validity that I truly owe this debt. In return, I get back a Mickey Mouse invoice that a kid could have made with any basic in-home software. The attorney has failed to provide a legal contract with my signature, personal id, etc. In my eyes, the attorney has not provided any proof that I owe this debt yet keeps threatening legal action. The burden of proof falls upon who, the creditor or debtor? If I go to court, I will ask the judge that attorney provide the requested information but I will have to take off of work, lose hours, etc. Not sure what to do now.
If you go to court, you will be first served with a complaint. You should answer the complaint and deny you what you do not agree with and demand strict proof. Whether a judge will allow that kind of business record, no one on this web site can say. You may need an attorney, but if you were rendered services and the creditor proofs this, your defense may not be that strong. Good luck.
When a lawsuit is filed, the burden of proof is on the creditor. The melodrama you create by claiming you are "being hunted down"& that the invoice is "Micky Mouse" isn't going to be effective in a courtroom setting & would suggest losing any tendency towards hyperbole. Hope this perspective helps!
I agree with the other attorneys. When they sue you, they will have to provide proof that you owe the debt. You will also be able to serve them with discovery and get copies of the billing records. In my jurisdiction, medical debt lawsuits are not as common as other debt collection lawsuits, so it could be just a shake-down with no intent to take matters further.
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Until a judgment is secured against you the collection agency has little basis for collecting on the debt. If you receive a summons to appear in court then contact an attorney right away.
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