×
Go back to Martindale-Avvo ➔

Hawaii Collections Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
1 legal question has been posted about collections by real users in Hawaii. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include debtor and creditor, and creditors rights. All topics and other states can be accessed in the dropdowns below.

What proof so I need to look for when a debt collection agency is taking me to court

Answered 5 years and 2 months ago by Lockey Elizabeth White (Unclaimed Profile)   |   1 Answer
no photo
Always ask them for their proof since they are the ones that have the burden of proof if they are taking you to court and you are the defendant/ debtor.  If they cannot provide proof of a valid legal agreement that is signed by you or a valid signed judgment against you, then they will likely be unable to collect a debt from you.  A creditor must prove nonpayment or breach of the terms of the valid agreement to pay and provide an accounting showing how and when there was a default of that agreement, when and how you were notified of that default, and whether, how and when they gave you an opportunity to cure the alleged default.  All of this proof can be found via discovery requests for all account ledgers, correspondence, internal notes, phone logs, certified mail receipts, and all signed promissory notes, agreements, assignments of debt etc.... Read Answer
Always ask them for their proof since they are the ones that have the burden of proof if they are taking you to court and you are the defendant/... Read Answer

Helpful Resources