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What if I owe the debt I'm being sued for?

Hi I live in California, I’m being sued by a debt collection agency. I do owe the amount they are suing for. I have 30 days to respond. Do I have to admit that I do owe that amount if I want to settle outside of court ?


Best Answer

Generally, the defendant, the person being sued, is under no obligation to admit anything. Unless the defendant has their own accounting of the debt that matches the amount they're being sued for exactly, they probably should deny the statements in the Complaint. The "burden of proof" is on the plaintiff. This means the person suing you has to prove you owe the debt. Not the other way around. Frequently, the debt collector doesn't have sufficient documentation to prove the defendant owes the debt.  Also, the defendant can deny and then settle for any reason. Settlement isn't an admission of guilt, generally.


Answer

Generally, the defendant, the person being sued, is under no obligation to admit anything. Unless the defendant has their own accounting of the debt that matches the amount they're being sued for exactly, they probably should deny the statements in the Complaint. The "burden of proof" is on the plaintiff. This means the person suing you has to prove you owe the debt. Not the other way around. Frequently, the debt collector doesn't have sufficient documentation to prove the defendant owes the debt.  Also, the defendant can deny and then settle for any reason. Settlement isn't an admission of guilt, generally.

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What if am retiring but I co-owe a debt with a disabled person and I just received a confirmation letter from the debt collector. What to do next?

What if I owe the secured debt but I'm not working right now because of health reasons and will be off work until I retire in December ? 

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