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

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

A large majority of cases settle before they ever go to trial. For those cases that do go to trial, specific issues of proof will vary from case to case depending on the issues of the case and the transaction. There are some basic matters that must be proved including the following: 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. The burden of proof is on the creditor to prove the debtor actually owes the money and it may be necessary for the creditor to call witnesses to establish this as well as other contested issues.

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