What is a debt collector’s burden of proof?

In Washington, the Consumer Debt Defense law dictates how debt collectors interact with consumers. This law outlines the burden of proof that debt collectors must meet when collecting debt. The burden of proof is the obligation of a debt collector to show that the debt they are collecting is valid and legally owed by the consumer. To meet this burden of proof, debt collectors must provide written evidence that the consumer owes the debt. This could include documents such as a contract, promissory note, or an account statement which shows that the debt was created. Beyond providing written evidence, debt collectors must also prove that they are legally entitled to collect the debt. In other words, they must prove that they have the right to collect on behalf of the original creditor or via an assignment from a debt buyer. This requires debt collectors to have the original contract and demonstrate any transfer of rights and agreements to the debt. Finally, debt collectors in the state of Washington must show the consumer has not already paid the debt or the debt is legally still collectable. This would involve providing documentation such as an accurate balance of the debt, an itemized list of fees and charges, and any proofs of payments made by the consumer. Overall, debt collectors in Washington have the burden of proof to demonstrate that the debt they are collecting is legally valid and collectible. It is important that consumers are aware of their rights in relation to consumer debt defense law in the state.

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What is a debt collector’s burden of proof?

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