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
G
George A Simons
said
over 1 year ago
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.
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.
M
Michelle.udvig
said
12 months ago
Target card
C
Coffi Fidegnon
said
10 months ago
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?
C
Cindy A Foster
said
10 months ago
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 ?
Ashley Thomas
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 ?
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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Sorted by Oldest FirstGeorge A Simons
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.
Michelle.udvig
Coffi Fidegnon
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?
Cindy A Foster
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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