Re: questions-WHOA !!
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Posted by Why Chat (209.240.205.61) on June 09, 2004 at 16:29:48:
In Reply to: questions posted by catballou on June 09, 2004 at 13:48:11:
I was not aware when I answered this that it was in reference to the required "proof of claim" in an actual lawsuit. The proof of claim that is accepted by the Court is completely dependant on how the claim was filed, the Court,the content of the answer and the availability of a valid defense. "Computerguy"'s assertions about what is "proof" are very nice, but are completely besides the point. Yes, ABSOLUTE proof, including signed applications etc. ARE required IF the answer asserts that it is not your account, that you did not sign for it etc. etc. But, unless you are prepared to perjure youself, (assuming it IS yor account) they only need to PROVE that they have "standing", i.e. proof that they own the account, and reasonable proof of the figures in the account. It is true, that if all they have is an affidavit of the truth of their claim AND your answer includes a dispute as to the accuracy of their figures and accounts, that MOST Courts will not accept a BARE assertion of claim, ( provided you have filed an answer challenging their claim). If you have disputed their RIGHT to bring the claim, they must show their assignment or bill of sale,if you have disputed the AMOUNTS they must provide documentation that shows how they arrived at that figure, if you have disputed the TOTALITY of their claim they must produce a signed application and account statements.
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