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toung tied | I'm being sued for a credit card debt more thn 7 years old and not mine have to go to court help? |
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Studly
|
I need more details before I could advice you.
What state do you live in? In many states, the Statute of Limitations on credit card debt is 6 years, but some are longer. If the SOL has run out, you can file a motion to dismiss based on the experitation of the SOL.
See the link below about this.
You claim it's not your debt? If you think you can prove it, then go to court and fight it. You need to see what sort of evidence the credit card company has, so request that a "discovery" be done so you can examine their evidence. Depending on how your local court runs, it will require a motion to be filed. It's not that complicated, but you may need to hire a lawyer for this. If the amount is large you should consider this.
Good luck |
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bharehardeep
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Dear Sir,
you have already enjoyed debt for more than 7 years and now for escaping of being sued you should proceed for settlement of debt outside the court.Bank will gladly prepare for the same,becoz, no body wants to go at court. |
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Queen Nefertiti
 |
7 years is past the statute of limitations. you are not legally responsible for the debt. |
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annesome
 |
Credit card debt more than 7 years may not always be eliminated from your credit. If there were any payments to this outstanding account during that 7 year period, the creditor can continue to hold. Even if it was $5 here or there. The seven years start from the last payment made. Always remember, "co-sign" really means to you and me "co-buy". If you agreed and signed your name to any part of this debt, you probably co-signed. That gives the creditor the right to pursue both of you. If this is a identity theft, contact the three major reporting agency, Equifax1-800-685-1111 , Trans Union 800-916-8800, and Experian 888-397-3742 to report this. In some states, you are entitled to one free report. You can use this to dispute any outstanding debt. The creditor gets 30days to confirm that it is truly your debt. If they can't it will drop off. I done this, and it does work. |
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helixburger
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Fax proof to your State Attorney General. |
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green is clean
 |
If you are willing to press charges...that is your only option. It is good that the debt is old, but the myth that debts over 7 years old go away is not completely true. There would have to be absolutely NO CONTACT WHAT SO EVER. That mean, they don't try to write or call, you don't try to write or call, and someone else doesn't try to write or call on your behalf. Call a lawyer and ask for advice. |
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bubbles
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You will have to go to court and prove it is not yours. If you was married to this person at the time of the credit card and both your names use to be on it then you might be liable. |
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michaelyoung_airforce
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Go to court and prove your case. |
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jd
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First, get a copy of your credit reports.
Equifax 1-800-525-6285
Experian 1-888-397-3742
TransUnion 1-800-680-7289
Secondly, call the company that is claiming the debt is yours and talk to their Fraud Department.
Finally, try to talk to the legal department that is representing the other side and find out what you need to do.
You may have to file a police report to start a Fraud investigation, but that is not a problem if the debt is not yours.
NOTE: Mail everything via U.S. Mail, return receipt requested. Keep copies of all documents and keep notes of all phone conversations. Buy a folder to keep everything related to this matter because you will need to provide it in court if it gets that far.
P.S. Everyone says a debt is not theirs even when it is. That is not a defense. |
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Rosa
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you can also get ahold of the credit card company and explain your situation to them and they can print you out a statement saying that the bill isnt yours, this does work!!
but all else fails, then I agree, go to court and fight for your case. |
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gohotwire
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Definately go to court. The burden of proof is on them. If they can't prove that you incurred the debt the case will be dismissed. But if you no show, they will win by default. And you DEFINATELY don't want a judgement against you, then you will never get out of it. |
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jessie21
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get a very good lawyer or it could be one of ur kids |
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