Re: Went to court with Capitol One!
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Posted by Drew
(24.59.27.46) on June 28, 2004 at 15:05:18:
In Reply to: Re: Went to court with Capitol One! posted by Joe P. on June 28, 2004 at 14:04:46:
You are wrong Joe. The plaintiff in any civil case always has the burden of proof. It is their responsibility to come up with the documents proving that the account is theirs. They have two parts to prove. ONe that they have the right account with the right person. And two that the dollar amount is incorrect. THe preponderance of proof is always on the plaintiff not on the defendent. That is why to win a court case for a credit card suit, they need the application with the signature on it, an accounting of the charges, and proof that you have acknowleged that account through payment, copies of cancelled checks, copies of money orders. You deny the account when they send you the interrogatories. And you say nothing in court. They have to prove it. YOu don't have to prove an account is not yours.
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