Burden Of Proof When Debt Collectors Sue


Jay Fleischman has another short but powerful post on consumer litigation issues in his New York Consumer Litigation Blog. This post focuses on the fact that debt collectors (or debt buyers in this case) must actually prove that you owe them the money they claim. While traditionally Alabama courts have not been as demanding on debt collectors to prove in a default judgment setting that you owe the money, the tide seems to be turning in that direction. At least in a real trial we have found the judges to demand that debt buyers prove you owe the debt and that the debt buyer owns the debt.

If you have been sued in Alabama by a debt buyer, please contact us for more information.

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