Legal Question in Banking Law in Indiana

Who has Burden of Proof?

I closed my bank account in April. In May, they sent me a collections letter stating I owed them $400. They say that in February they accidently deposited a $200 check twice (and it did not clear). My records don't reflect this and they can't give me any documentation but they are suing me! Do I need a lawyer? Is the burden of proof on them or me? Thanks for your help!


Asked on 6/18/01, 2:23 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Who has Burden of Proof?

The plaintiff - the people suing you - always had the burden of proof. Retrive your monthly statements for that time; if you don't have them, ask the bank to make you a duplicate copy. You probably don't want to hire a lawyer for a $400 claim. It will probably go to small claims court, if they go to court at all. If they place a derogatory credit reference on your credit, and they are mistaken about it, then a lawyer might be interested in severely chastising them with a libel claim.

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Answered on 6/29/01, 1:05 pm


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