If A Case Goes To Trial, What Does The Creditor Have To Prove?

While law suits can become very complicated, depending on the complexity of the transactions between the creditor and debtor, there are basically five things the creditor must prove in order to have a valid case:
  1. The creditor received an order from the debtor.
  2. The creditor and debtor agreed on a price for the merchandise /service that was to be provided.
  3. The merchandise was delivered or the service provided.
  4. A demand for payment has been made.
  5. No payment has been received.

It is important to provide the attorney sufficient documentary evidence to meet the above­mentioned requirements as, if you are unable to do so, the debtor may be able to have the case dismissed or even have an adverse decision rendered, which might require the you to pay the debtor's costs.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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