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burden of proof


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Burdens can get complicated in a hurry.

The basics are:

1. It is the creditor's burden to prove you that you owe the debt

2. It is the debtor's burden to prove any affirmative defenses (SOL, satisfaction and release, etc.)

3. For any counterclaims, it is the counterclaimer's burden to prove the elements just as if she was a plaintiff bringing the same claim.

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