Re: citibank wants summary judgement

Posted by Drew (24.59.27.46) on December 01, 2003 at 01:03:20:

In Reply to: Re: citibank wants summary judgement posted by beenitdoneit on November 30, 2003 at 16:28:58:

For future references, documents without your signature do not fill the requirements for burden of proof. If the only thing that they have is a computer printout and yes local judges can be ignorant of burden of proof laws as well.

For future, if a judgment is entered against you on the basis of lack of proper validation (such as only a computer printout with no proof of payment0, then you appeal the judgment. The consumer always has the right to appeal a judgment and make them prove the case.

The advantage to the appeal process is this. The file of paperwork is fixed and they cannot amend it. Thus a creditor who obtains a judgment against you based on lack of sufficient proof of debt and proper validation will not have the chance to add more paperwork to his case and it will more than likely get thrown out.

Remember folk. If a creditor comes in with a computer printout, no complete accounting of the charges especially if you asked for validation, and no check payments and signature, he has not established burden of proof and you have a case that can be appealed.

Such shoddy burden of proof may go over at the local level where judges and collection attorneys golf together but they will not fly at the federal court level where there is a stricter adherence to rules of procedure, etc.

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