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  1. #1
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default What Proof Do They Need

    My question involves collection proceedings in the State of: CA

    I am being sued by a debt collection attorney.What proof do they need to receive a judgement?Do they need a cancelled check?I will send them a formal request for documents.They would not send the documents informally.Could this possibly mean they are fishing?Would the court consider this lawsuit frivilous if they dont show or have insufficient proof?Please be as thorough as possible.I really appreciate your help.Thanks.

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default 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.

  3. #3
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default 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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  5. #5
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default 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

  6. #6
    Join Date
    Jul 2008
    Posts
    853

    Default 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?

  7. #7
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default Re: What Proof Do They Need

    Yes I am and I thought it was 5 years S.O.L.

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: What Proof Do They Need

    My reference is the same as divemedic's - 4 year SOL Ca.

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