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