Preponderance of Evidence

What it means in practice

Preponderance of Evidence is a evidence concept that shows up constantly in everyday consumer disputes. The civil standard of proof: more likely than not, above 50%.

In practice, preponderance of evidence matters because it changes what you should write, when you should write it, and what you can realistically ask for. A demand letter that uses the term correctly signals to the other side that you understand the process, which measurably improves response rates.

If preponderance of evidence is relevant to your situation, document the underlying facts in writing, keep dated copies of everything, and put your demand in a letter sent by certified mail so there is proof of notice.

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