Collection Actions: 4.5.5 Collector Must Prove Balance Due on an Open-End Account
Proof of a written contract is not enough to prove the elements of breach of contract, particularly for an open-end account (for example, one involving a credit card, cell phone, cable, water, gas, or electricity service). The collector must prove its damages—i.e., the unpaid credit balance at the time of default plus any additional charges it seeks beyond that amount.399