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Documentary Evidence from Junk Debt Buyer - Can I ask them to show this at Trial to prove authenticity of their Complaint?

Morgan Hill, CA |

Answer was filed with Affirmative Defenses. Also, served Demand for Bill of Particulars ---response received was ONLY credit card statements for account number that does not match with Plaintiff's and Counsel's collection letters. Account number was not referenced in their complaint. I wanted to see a document evidencing first --- the validity of the debt (in question), and second, their ownership of the debt. At TRIAL, can I ask for these documentary evidence (I am assuming they will have to respond to the Affirmative Defenses at Trial)? Thank you.

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Attorney answers 3

Best Answer
Posted

I agree with Mr. Doland. For your information, what the plaintiff must prove at trial, at a minimum, is that you incurred the debt, you didn't pay the debt (or at least not all of it), and that the plaintiff either was the other party or has acquired the rights of the other party. If it was a promissory note or a written agreement, the plaintiff should produce the original at trial for cancellation, or prove why the original cannot be produced. These things are not difficult for the plaintiff's attorney to do, and may be tricky for an amateur to stymie. Hence the need for a competent attorney.

Good luck to you.

Michael Charles Doland

Michael Charles Doland

Posted

Respectfully, if you "agree" (more or less) with another answer and press "I agree" you get 2 points and the other attorney 5. With 30,000 points required from Avvo level 19 to level 20, I am sure you understand the reciprocal benefit.

Posted

I think you would be well served by a lawyer for your legal matter. Lawyers generally file a "laundry list" of affirmative defenses, some of which they prove at trial and some of which they abandon. You sound as if you might have a viable case, but even winning cases can be lost by the inexperienced.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

i could not agree more. Collection cases are difficult cases which require a lawyer familiar with the area to make the proper objections to the admission of the evidence.

Posted

Your desire to see the documentary proof of the debt and ownership are correct. Depending upon the amount at stake you will need to decide whether the involvement of an attorney is warranted. It can certainly help. At the end of the day, it is the creditor's burden to prove the existence of a debt and their ownership.

By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to questions or an attorney-client relationship. My response is intended to be only my educated opinion and it should not be relied upon as legal advice. My response is based upon the facts provided and to the extent additional or different facts exist, my response might be different. I am an attorney is licensed to practice law only in Florida. To the extent that I am responding to a question posed by an individual in a different state, my response is being given to generally respond and the questioner is ALWAYS advised to consult a local attorney for a more specific and definitive answer to the question posed.

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