burden of proof

Mistaken Identity or Not Your Debt: How to Defend Against a Debt Collection Lawsuit for an Account That Isn’t Yours

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Mistaken Identity Debt Collection Lawsuit

If you are sued for a debt that does not belong to you, the plaintiff bears the absolute burden of proving that you are the person who incurred the debt. Debt buyers frequently sue the wrong person due to automated skip-tracing errors, mismatched names, and incomplete data purchased in bulk portfolios. Mistaken identity and identity … Read more

General Denial in Debt Collection Lawsuits: What It Does, What It Doesn’t, and Why It’s Usually the Right Move

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General Denial Debt Collection Lawsuit

A general denial does not mean you are claiming the debt is entirely fake. It is a legal mechanism that forces the collector to prove their claims with actual documentation. Filing a general denial shifts the burden of proof back to the plaintiff, preventing a default judgment and buying you time to build a complete … Read more