QUESTION

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

Asked on Apr 07th, 2021 on Collections - Hawaii
More details to this question:
I got a notice that a debt collection that brought out a debt is taking me to court .
Report Abuse

1 ANSWER

Foreclosure Defense Attorney serving Hilo, HI at Lockey Legal LLLC
Update Your Profile
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.
Answered on Apr 14th, 2021 at 2:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters