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I’m involved in a debt collection lawsuit and I dispute the debt amount.

7/29/2008 6:55:44 AM

If you believe the amount of debt owed in the summons or complaint is incorrect, then you have the right to dispute the amount owed. The plaintiff brought the suit against you; hence, the plaintiff has the burden of proof. The plaintiff must proof to the court that the PI (principal and interest), debt collection agency costs and debt collection attorney fees are correct and in accordance with the law. As the defendant, you should insist that the plaintiff provide the following documents: original contract that you signed and dated, your account statements and signed purchased receipts. You most likely will have to file a request to produce upon the plaintiff for the following documents; the plaintiff will most likely respond back stating that these documents are irrelevant to the case; then you most likely will have to file a motion to compel production to receive these documents.


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