No account statements. Is CA required to prove they are within SOL?

[Lecasbas]

Some of us are good at keeping records, some of us are not.

For sake of argument, assume a debtor has no account statements to verify when the last payment was missed. The account is several years old. The debtor cannot remember when the last payment was missed and the acccount was never brought up to date.

Through DV a debtor can ask the CA to verify that they are within SOL. Do they have to also firgure from the last missed payment?

Who has the burden of proof?

[chilton1]

I want to know too

[IHateCAs]

SOLC would only be an issue in court.

Under a FDCPA dispute, the CA must show that the amount they are collecting is the balance being claimed due by the creditor. They also must show that you are the person responsible for the debt.

They don't need to prove that the debt is collectable in court when they are just dunning you (unless they are threatening suit which would be another issue).

[chilton1]

SOLC would only be an issue in court.

Under a FDCPA dispute, the CA must show that the amount they are collecting is the balance being claimed due by the creditor. .

Does this also apply if the collector is a JDB. Example: Collect America.

[Lecasbas]

SOLC would only be an issue in court

The petitioner(CA) has the general burden of proof. If the defendant (debtor)claims that the SOL has expired but has no documention to support that claim. Is the debtor basically up the creek without a paddle or is the CA still obligated with burden of proof?

[divemedic]

You raise it as a defense in your answer, and then obtain the proof through disclosure.