Burden of Proof

When an alleged assignment is denied, the burden of proving that there was a valid assignment is on the plaintiff.[i]  In an action by the assignee against the debtor, the plaintiff must prove the material allegations in his or her complaint which are put at issue by the answer of the debtor.  To recover on an assignment of a chose in action, it is not only necessary that the plaintiff establish that there was a cause of action, but it is essential that plaintiff establish that the cause of action has been assigned to the plaintiff. [ii]  Notice of the assignment determines the time at which an obligor’s responsibility for performance of his obligations shifts from the assignor to the assignee.  The burden of proving that the obligor has received either actual or constructive notice of the assignment rests upon the assignee.[iii]

[i] Norton v. Consolidated Fisheries, Inc., 120 Cal. App. 2d 86 (Cal. App. 1953)

[ii] Smith v. Rowe, 3 Wn.2d 320 (Wash. 1940)

[iii] Pillsbury Inv. Co. v. Otto, 242 Minn. 432 (Minn. 1954)


Inside Burden of Proof