Re: What Proof Do They Need
They need to prove by preponderance of evidence that you owed them money that you failed to pay. The proof needed for that will vary, depending on what you owe the money for, and other factors.
This answer is generic, because you provided no specifics. Generic question, generic answer.
Re: What Proof Do They Need
The debt is for Sears and last payment I made was over 5 years ago.The amount they're suing for is $2200.What type of proof do they need in this particular case?I called the attorney and asked informally for documents and they want a formal request.Could this mean they have insufficient evidence and they are simply fishing?Thanks for any help.
Re: What Proof Do They Need
how about something with your name on it.
Obviously being a bit facetious but you aren't really helping much.
Not really understanding what you are looking for. If you want what they have, you are going to have to file for discovery.
and no, requiring you to file a formal request for discovery does not mean they have insufficient evidence. It simply means the want you to follow the rules.
Discovery in a Credit Card Debt Lawsuit
Is this the right form to ask for documents in a limited civil case involving Sears credit card in California?I am the defendant.I know it may be a dumb question.I appreciate all answers.Thanks.
http://www.courtinfo.ca.gov/forms/documents/disc015.pdf
Re: What Proof Do They Need
According to my sources, CA has a 4 year statute of limitations. Are you using that as a defense?
Re: What Proof Do They Need
Yes I am and I thought it was 5 years S.O.L.
Re: What Proof Do They Need
My reference is the same as divemedic's - 4 year SOL Ca.