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Court summons for credit card debt; They have me owing $11,000

This is a discussion on Court summons for credit card debt; They have me owing $11,000 within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; I just go a summons from an attorneys office representing a debt collector for a credit card company. I honestly ...

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Old May 25th, 2012, 05:52 PM   #1
ljl
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Confused Court summons for credit card debt; They have me owing $11,000

I just go a summons from an attorneys office representing a debt collector for a credit card company. I honestly don't remember owing this card but realized my wife is authorized on my accoount with the attorneys to speak on by behalf and had arranged monthly payments about 2yrs ago and defaulted last year due to financial hardship. What should we do now. They have me owing 11,000 and I know that is with fees and stuff because I never owned a credit card that had more than a 3,000 credit line. Please advise
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Old May 25th, 2012, 06:02 PM   #2
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Default re: Court summons for credit card debt; They have me owing $11,000

I wish to inform you that you first check if the claim is time barred by the Statute of Limitations. If it is not, then you may reply to the other party to provide you with proof of the claims made by them. You may request for a copy of the statement of account starting preferably from a balance zero or a provable sum. Under the provisions of TILA you may request for a copy of the application form under which the account was opened. The interest rates and fees charged must not be oppressive. The burden of proof will be on the other party to prove the claims made by them. The court will consider all the facts and decide the matter.

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Old May 26th, 2012, 06:48 AM   #3
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Default re: Court summons for credit card debt; They have me owing $11,000

Quote:
Originally Posted by ljl View Post
I just go a summons from an attorneys office representing a debt collector for a credit card company. i honestly don't remember owing this card but realized my wife is authorized on my accoount with the attorneys to speak on by behalf and had arranged monthly payments about 2yrs ago and defaulted last year due to financial hardship. What should we do now. They have me owing 11,000 and I know that is with fees and stuff because I never owned a credit card that had more than a 3,000 credit line. Please advise
You need to find out exactly what the debt was for, how much, etc., and having been sued now you will have the opportunity through discovery to do so.

I recommend that you seek legal advice so that you can reply to this complaint timely and not get defaulted out. With representation not only will you be able to put up legally sufficient defenses to keep from being defaulted out, but be in a far better position to negotiate this debt than trying to go it alone against the debt collection agency attorney.

It cannot be stressed too strongly that you need to file a sufficient answer disputing this debt within the time period on the summons or else the collection agency will be able to get judgment against you for everything they are asking. Plus court costs, plus interests, yadda, yadda.

You can find attorneys through World Law Direct in your area by checking the link on the home page.
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