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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Does the plaintiff need to present the following evidence to

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Does the plaintiff need to present the following evidence to meet its "burden of proof"
1. proof that the plaintiff has the right to sue
2. proof that the debt is my (signed contract)
3. proof the amount demanded is correct

lawsuit filed in Illinois small-claim court

Hi,

Thank you for your question. Before answering, I need to know exactly what the Plaintiff is suing for (breach of contract?)

Customer: replied 3 years ago.

just a court summons and an affidavit of account from someone in Michigan


no contract nothing to prove this is my

Ok, I'm assuming they are suing you for a debt.

Yes, they carry the burden of proof to submit evidence to the court that they are owed money by you and that the amount they are saying you owe them is correct.

They do not have to have a written contract. They can establish that you owe them money through their testimony and proof that they either performed work for you or have given you something on which you owe them payment.



Please let me know if you have further questions. Please
also kindly consider rating my answer. Rating does not cause you an additional
charge and will not prevent us from further discussing your questions.

Best Regards,



ZDN



Customer: replied 3 years ago.

thank you for the answer...


last question..if they don't have a contract, copies of checks or any other means of monthly payments...how can they prove that loan belongs to me?

They can offer testimony...but if you refute that testimony with your testimony and they have no other proof that they loaned you the money, then they have not met their burden of proof.
Customer: replied 3 years ago.

sorry...one more


if the plaintiff had proof (beside the affidavit) such as: contract, payment history and validation of the amount demanded....should they have provided those documents (attached to the original summons) to me before trial?

No. Not in a small claims court. You would have had to ask the court for discovery and sent a formal discovery request for the documents in order to be entitled to them prior to the trial.

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