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I have an account with a CA. According to them and the account statement/validation provided the last payment was made 8 months later than my records.

If it ultimatly goes to court can I ask for the canceled check/money order some type of proof that the last payment was in fact what they are claiming?

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I have an account with a CA. According to them and the account statement/validation provided the last payment was made 8 months later than my records.

If it ultimatly goes to court can I ask for the canceled check/money order some type of proof that the last payment was in fact what they are claiming?

yes, you can ask for it during discovery. Do you have your old bank statements so you can see when you actually paid them last? If not you can call your bank and get copies. If it is really old they will be archived and there will be a fee but you can get the info you need.

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I was paying by money orders then so my bank statements won't prove/disprove anything. Isn't the burden of proof on them? Won't they have to prove the date they are saying though? And how would they anyway? Do they make copies of the payment before cashing it?

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Isn't the burden of proof on them? Won't they have to prove the date they are saying though?

If one of the allegations in the complaint alleged a last payment date, then your denial of same in your answer will force them to prove the date. You'll just need to be prepared to argue against their "proof" in whatever form that might appear.

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If one of the allegations in the complaint alleged a last payment date, then your denial of same in your answer will force them to prove the date. You'll just need to be prepared to argue against their "proof" in whatever form that might appear.

So conciveably, it should be easy for me to prove. Unless OC's phyiscally make photocopies of every payment they recieve before cashing it.

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So conciveably, it should be easy for me to prove. Unless OC's phyiscally make photocopies of every payment they recieve before cashing it.

Probably not so easy. I would guess they would show a journal entry or something similar and claim it as a business record. Who are they claiming you paid money to? Them, or the previous owner of the account?

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I contend my last payment was 8 months prior to that...

Do you have anything to support that contention? Like a canceled check or an image thereof? If so, then that might prove to be a larger blob for your preponderance pile.

My application to law school was rejected for cause. During an investigation, it was discovered that my parents were in fact married at the time of my conception.

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Do you have anything to support that contention? Like a canceled check or an image thereof? If so, then that might prove to be a larger blob for your preponderance pile.

My application to law was rejected for cause. During an investigation, it was discovered that my parents were in fact married at the time of my conception.

No....How do I prove I didn't do something?

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bigboy,

You said "I contend my last payment was 8 months prior to that" so you are affirmatively stating something. That affirmative statement that you paid can be supported by a canceled check.

yes it can. but the problem is they are crediting me with a payment I never made which is reseting the sol by 8 months.

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the problem is they are crediting me with a payment I never made which is reseting the sol by 8 months.

Yes, but you can state definitively, "Your honor, here is a photocopy of the canceled check for the last payment I sent. Check is dated X and it was cashed on date Y."

The OC likely does not photocopy all payments sent, but ya never know. If you know with certainty when you sent your last payment, then anything they have either supports your statements or they have credited your account with making a payment that you didn't make. Either is good for you.

If all they can claim is, "Umm, your honor, he did send us payment. We just deposited the check and forgot about it." Might not be fair to the creditor, and it's possible the judge will believe them even though there is only their word whereas you have proof.

Your bank statements from that period might be a useful weapon you could hold in reserve. But it's a trump card I would wait to play. Ideally, let them claim something like, "Your honor, bigboy27 paid us via personal check from an account with XYZ bank."

You could then respond, "Your honor, here are my bank statements from that period. You can see for yourself whether I wrote them a check for the period of time they are claiming."

At that point, if they fall back on, "Oh, ah, umm, er, we mean, ah, he sent us a USPS money order. Yeah, yeah. That's it." They won't sound credible.

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