Hypothetically speaking... If I am sued, and the company bringing the action claims I owe them money based on a note or contract they say I have signed, can they use a copy of a signed contract as evidence of a debt, rather than presenting my original signature in court? I've always thought that original signatures and documents were required. Along those same lines, are notations made on my account record by a creditor, notating that that certain signed documents exist, an acceptable substitute in court for original signed documents, which they have either lost or never had in the first place?
To be used in court, they must present the original document. Courts have long held that copies can be easily altered and are therefore inadmissable.
Courts will accept copies of documents as long as they are legible. As to the rest of your question, it just depends. Medical debt for example is easy. If they don't have a signature on an admission form, it's easy enough to get a statement from an admitting physcian or an attending physcian that you received treatment on certain dates that correspond to a bill. In small claims court, you'll be surprised at what a judge will allow as evidence.
Go to a local library or law library, most court houses have one; get a copy or read your states "Rules of Civil Procedure". My local court will at times accept fax's as evidence of the origianal documents.
The rule of evidence you are talking about is called the "best evidence" rule. If a copy of the document is produced in court instead of the original, the objection would be that the copy is not the best evidence. That objection should be sustained unless the creditor can offer a reasonable explanation why the original cannot be produced. If the court finds the explanation satisfactory, it may accept a copy. The rules of evidence vary somewhat from state to state. You should consult the rules in your state for more specific information.
To be used in court, they must present the original document. Courts have long held that copies can be easily altered and are therefore inadmissable. SCMomof5 ============================= This is why you never want to accept check copies as proof of a bounced check claim. Always demand the original check before paying.
