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Credit Card Lawsuit Information: Facts About Burden of Proof

Credit Card Lawsuit Information: Facts About Burden of Proof

If you are facing a credit card lawsuit for unpaid balance, and you decided to represent yourself Pro Se, you need to learn how you can build your own case. In most cases, the plaintiff will be required by the judge to provide evidence that could pin the debt’s ownership to you. This is called the burden of proof, which will help the plaintiff support his legal claim. In any credit card lawsuits, the plaintiff always has the burden of proof.

The evidence that the plaintiff can present should demonstrate 1) why they have the right to press charges 2) the ownership of the debt and 3) that you owe the precise amount of money they claim you owe. There’s no need to prove that you don’t owe the debt because the plaintiff will be working hard proving his claims first.

Types of Evidence For Burden of Proof

If say, you admitted all the allegations that the plaintiff provided, the plaintiff will use your admission to win the credit card lawsuit. However, if you challenge the plaintiff, including the amount of the debt and the existence of the debt, the plaintiff needs to present the following proof in court:

The Right to Sue: For debt buyers, they need to prove the ownership of the debt by presenting the contract of sale called an assignment. The assignment should mention that you own the debt, specifically. If say, the debt has been sold and resold to various junk debt buyers, then all assignments, tracing back to the original creditor, must be presented in court.

Debt Ownership: Fail proof evidence that the debt is yours will be the original contract with your signature. Most junk debt buyers do not have access on this kind of documents.

Accurate Debt Amount: The claim of the debt amount must be supported with a complete set of statements or bills. In addition, the plaintiff needs to prove that each and all of the charges on the credit card were authorized.

If the evidences were not presented in a specific format, they will be deemed as “hearsay” by the judge and will not be admissible in court. If the plaintiff was not able to meet the burden of proof with admissible evidence, the credit card lawsuit will be dismissed.

Note that gathering all evidences to meet the burden of proof is an expensive and difficult feat, particularly if the debt has been sold and resold a number of times. In some cases, plaintiffs fail to collect evidence from accounts that have been resold multiple times. This makes negotiating a settlement easier and less expensive as opposed to taking the credit card lawsuit to the court. By making the plaintiff prove that the credit card debt is yours, you increase the chances of negotiating a better deal with your creditor.

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