Legal Question in Civil Litigation in California
Dispute with Payment
If I have a dispute with a company about a written cancellation notice that I've written in the past and they are saying I didn't.
Is it my duty to provide them with a proof, even though they should have one? The burden of proof is on me, not them? That doesn't seem right?
Asked on 2/11/09, 4:45 pm
2 Answers from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Dispute with Payment
If you have proof of the notice of cancellation, the easiest way out for you is to just provide a copy of the notice.
Answered on 2/15/09, 6:31 pm
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: Dispute with Payment
If you didn't send it certified mail RRR or with delivery confirmation or signature confirmation or by FedEx, it's your word against theirs. However, the court might believe you, especially if you can gather evidence of other people whose cancellation notices got "lost."
Answered on 2/11/09, 4:49 pm
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