Served summons & complaint-info needed about burden of proof if goes to court

Contacted by Debt collection agency (DCA). Asked for validation which was never provided. Next letter was from DCA's attorneys. Asked via certified mail for verification. They sent validation under MN regs. I sent another letter asking for a copy of my signature or statement activity connecting me to this debt. No answer but received Summons & Complaint (S & A)(with no file #). Sent answer refering to each paragraph of complaint. First letter I stated "unknown" to all paragraphs except my address which I did admit. Since  this had not been filed with court yet I was not required to state Affirmative Defenses. But I did. I stated I did not believe a valid contract exists. Sent amended letter back to attorneys with heading" Amended response to S&C". Deny was answer to all paragraphs of complaint except admit to paragraph of my address. This time I listed "Lack of Standing" and "Statute of Limitations" as AD. Sent both letters with Affadavit of Service, notarized within the 20 day time frame. If the attorneys pursue this will it be their obligation to provide documents proving the SOL has not expired? Also, even though I specifically requested , in writing, for my signature or statement activity connecting me to this debt, and they did not provide it , will they have to prove it is indeed my debt? Even if I swear under oath that I have no knowledge or information about this debt, who will the burden of proof be on? On every letter I have sent, I have stated that if proven to be my debt I will openly and honestly negotiate a settlement. One last weird thing, while waiting for the first response I was contacted by a different DCA for the same debt. Sent them a validation letter and no response. How do I procede and what can I expect. Thanks. 


Asked almost 8 years ago in Minnesota
Categories: Contracts

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