Re: need real caselaws

Posted by poor lawyer (24.199.187.22) on August 16, 2002 at 13:44:07:

In Reply to: Re: need real caselaws posted by jm10101 on August 16, 2002 at 12:36:08:

Your right, but not based on that.

The Plaintiff in a lawsuit ALWAYS has the burden of proving his case (unless the Defendant admits the necessary facts in his Pleadings). In a suit to collect on a debt, they have to prove the existence and validity of the debt, as well as the amount of the debt with a reasonable degree of certainty.

If a Defendant fails to answer a Complaint, then the Court accepts the Plaintiffs version of the facts, as set out in the Complaint, as conclusively proven. If the Defendant submits an Answer, then the Court determines which facts the Plaintiff needs to prove and which facts have been admitted by both parties.

That section you quoted just means that failure to request validation cannot be used as evidence or as an admission in court as to whether the existence, validity, and amount of the debt. Whether or not the defendant requests validation, the plaintiff still has to prove his claims.

poor lawyer, esq.

Follow Ups:

Post a Followup