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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 ?


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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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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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