What is a debt collector’s burden of proof?

In California, debt collectors have the burden of proof in consumer debt defense law. The burden of proof means that the debt collector must provide proof that the consumer is legally obligated to pay the debt. This proof may include valid account statements, statements from the original creditor, and contracts between the consumer and the debt collector. In order to prove that the consumer owes the debt, the debt collector must present sufficient evidence to legally prove that the consumer is the person that owes the debt, the amount of the debt, and that the consumer is legally required to pay the debt. The evidence must also show that the debt collector has taken the necessary steps to contact the consumer and inform them of the debt. Without this burden of proof, debt collectors would be able to make claims against consumers without any evidence. This could lead to more consumer debt being collected without the consumer’s agreement or knowledge. Because of this, the burden of proof helps protect consumers by forcing debt collectors to provide evidence justifying their claims.

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What is a debt collector’s burden of proof?

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