Re: note for motion docket ?

Posted by Boadicea (167.127.24.69) on June 23, 2004 at 15:30:43:

In Reply to: Re: note for motion docket ? posted by Helpwanted Please on June 23, 2004 at 15:19:58:

No, validation has to do with the right to pursue collections. Filing suit, strangely enough, is not considered a collections action. Common sense would tell you that it is, but the law states differently.

However, you can demand proof in court that the debt is yours, that the dates are correct, that the amount claimed is legally collectable, etc.. The judge must rule on a preponderance of the evidence. In other words, if the plaintiff's case appears to be stronger than your defense after all of the evidence is presented, the plaintiff wins.

That is why you normally cannot win an SOL defense if you freely admit the debt is yours. The CA attorney will move for a summary judgment based on your admission and the judge will rule based on that self-incriminating evidence. You have to make them prove the debt is yours by placing the burden on them (where it lies by law).

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