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Michelle D | A cr. card company suing us in small claims court for a debt that is not on our credit report? Can they win? |
Additional Details
My fiance' doesn't even know if this is his debt? Since it is not on his report- how can we know? How could the collector prove that? I mean, it is pretty good evidence that we have know idea that the debt existed, right? It may be his (he went through a divorce) but we haven't heard a word about it (5-6 years together). I have heard that the defense " no recollection" works. Coupled with the fact that it isn't on the report , we may have a chance. I just don't trust the debt collector. On the ohter hand, I don't want to go to court and lose.
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Manny
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I wouldn't be scared of a credit card company taking you to small claims. That's about as threatening as a shar pei with a gum disease. Small claims court means no lawyers, so don't worry. |
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echo
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An account that is not on your reports means nothing.
You need to find out the statute of limitations for your state.
If you are out of the legal SOL for collecting, you need to file your answer as an affirmative defense of SOL. Then file a counterclaim against the company for filing on a time barred debt.
If you are still within SOL and the company has not violated your rights in any way, your best bet would be to try and make a deal with them before it goes into the court room. |
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AG
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It doesn't matter if the debt is listed on a credit report or not. If a document was signed stating that you/fiance would repay the debt then the company has every right to come after you. See if you can get a copy of the agreement. |
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AnswerMom
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Add more details.
Yes, they probably can win. The only reason it would be ON your credit report would be if that credit card company reported it to the credit agencies. Just because they didn't report it doesn't mean that the debt doesn't exist.
Secondly, count your lucky stars that it's not on your credit report, because then it hasn't damaged your credit since you haven't paid. If you pay BEFORE they sue you and you actually go to court,then you may luck out and it may not affect you badly if it's not on your credit report.
BUT, if you DO go to court and they sue you and win, it will AUTOMOATICALLY go on your credit report. The court reports it to the credit agencies.
You will most likely lose, unless you provide more info as to why they're suing you. |
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Oh Boy!
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Sure. What does your credit report have to do with anything? If the debt is yours then they WILL win. Listed on your credit report or the New York Times editorial page or page 147 of next month's Vanity Fair or not. |
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Waine
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if you have time it'll be here somewhere:
http://credit-cards.ebookorama.com
http://finance.ebookorama.com
http://credit.ebookorama.com
http://credit-repair.ebookorama.com |
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Studly
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Please don't even try going to court with an "I don't recall" defense! After the judge quits laughing, they will simply show you a copy of the contracts/bills and he will ask "Do you remember now???"
Trust me, your advice was very poor. Don't go there.
The advice about debt validation doesn't help you now, because the lawsuit has already been filed. Or has it? You did say they were suing you.
You can start by filing a "discovery motion" with the court. You want to ask the creditor to show documentation of the debt, and it gives you time to review them and prepare your defense. This is called "discovery" and you legally have the right to do this. You must file this as part of your answer to the complaint, and it must be done before your court date.
But court rules are differant in each state, and some do not allow this practice in small claims court. You may have to request that it be moved to district (or equivilent) court. Check with the court to see how they handle this.
If the lawsuit has not been filed yet, immediately send them a debt validation letter (see sample below) so you can see what evidence they have. You want to demand that they send all contracts, bills, receipts, and everything they used to calculate what they claim you owe. |
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jannie
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I assume the company has the documents which were signed by your husband and they could get the proof of the purchases with his signature on them
that would be proof that it was his |
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starbright2
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First off, don't panic. Your finance can send a certified letter to the original creditor asking for debt verification. This letter will stop the court action untill they produce the debt verification. If you want further information on how to proceed with this matter. Please visit the website below. It will be a life saver to you in this matter. Once in this site, use the search feature and type in DV or debt verification. Good luck! |
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Rach524
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Is it a valid debt? If it is not, talk to a lawyer, they may be able to clear this up before it goes to court. |
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