What kind of evidence is needed to win a collection defense law case?
Winning a collection defense law case in Washington requires strong evidence that supports your case. The most successful cases are those that provide evidence of a few key factors. First, evidence that the account being collected upon is legally unenforceable is important for any collection defense case. Examples of evidence that prove the account unenforceable includes a statute of limitations that has expired or an untimely notice of the lawsuit. Second, evidence that the debt is not owed is also important to win a collection defense case. This could be evidenced with a signed contract or personal check indicating that the debt has already been paid. Third, evidence that the debt collector has violated the collection laws may also help in a collection defense case. Examples of such violations include harassment, false statements, or extreme collection tactics that are prohibited by state or federal law. Fourth, evidence that proves the debt collector did not properly prove ownership of the account may help in a collection defense case. This could be in the form of an unauthenticated document, such as a credit report, that does not clearly indicate the debt collector owns the account. Finally, evidence may also be used to prove that the debt collector is in violation of the consumer protection laws in Washington. Evidence of such violations could be statements showing that the debt collector was attempting to collect on a debt that was not owed, or that the debt collector was attempting to collect more money than legally allowed. In short, a collection defense case in Washington requires evidence that supports your claim. The best evidence to provide in such a case will depend on the facts of your situation.
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