I'm being taken to court over a credit card that isn't mine, what do I do?

Question

This company claims that I owe them 3K on a card I never signed up for. I asked for proof that it was mine, because I can't find any records of it with my other cards (all paid and canceled since 2001). They haven't sent anything and now have set a court date. I can't afford to pay them, I don't think the card was ever something I signed up for, and I haven't a clue what I should do to get this resolved without a court appearance.

Answer 1

First thing, never-ever-ever send a collection agency your signature.
Signatures have been known to suddenly show up on papers that they weren't on before.

Second, it could be from ID theft, but more likely it is mistaken identity.
Thousands of people have to deal with being persued for debts that are not theirs "every day". Even when they explain that the debt is not theirs, when showed so-called proof, the collection agencys ignore it and continue to harrass them.

Third, if you had sent them a debt validation - in writing, within 30 days of their first contact with you and they had not validated, it is a violation on their part to file suit. You said that you asked for proof, but did you make that request in writing? I hope so. If it was just asked on the phone, it's your word against theirs and basically carries no weight in the courtroom. (unless they were taping the conversation and you include a request for the tape in your Discovery or subpoena it)

Fourth, did you actually receive a summons? If so, contact your county court clerk and check to see if a suit was filed in your name. If there is no filings, they have violated your rights by claiming they have filed suit.

If indeed they have filed suit, you need to answer the summons in the time allowed or they will get an automatic default judgment.

You should also pull your credit reports and see if they are listed. If they are they probably will have violations listed. Also, if you had sent them a debt validation letter after their first contact, putting anything on your reports without validating is a violation in itself.

I would suggest contacting a lawyer. If you have them on violations they could end up owing "you" far more than what they are trying to sue you over.

If you don't know of a good lawyer that is well versed in the FDCPA, I would suggest going to www.naca.net and look for one in your area that knows the FDCPA.

Most lawyers will give you a free first consult so you will know where you stand. Be sure and ask about the free consult if you call on for an appointment.

If you find a lawyer and you have very good counterclaims against the collection agency, the lawyer may take the case on a contingency basis. That would be if you win the suit, the collection agency will be responsible for paying your lawyer fees.

Answer 2

If you are being taken to court, you need to show up. If you don't, a default judgement will be entered, and you'll owe the money.

I would write a letter to the court asking for a dismissal of the charges, stating that this is not your account and that the credit card company has not been able to show that the account is yours. You can send a CC to the credit card company. You may get a dismissal w/o going to court. Otherwise, you need to hire an attorney or find one pro bono. You can show up yourself, make sure you SIGN IN (otherwise they won't know you're there), and you will go on the stand, state that this is not your account, that there is no proof that this is your account.

Answer 3

Identity theft is a strong possibility.

No chance a friend, family member or "ex" used your info to get a card ... ?

Any contact should be made in writing via CERTIFIED or REGISTRED Mail (RETURN RECEIPT.. that little green postcard that THEY have to sign)... you want someone to have to sign for the correspondence. Make & keep a copy.

If you have a court date, even if it's not yours I would think you are required to show up.

DO NOT SEND ANYONE A COPY OF YOUR SOCIAL SECURITY CARD .. this is just stupid. You might take such a thing to court with you to show a judge, but do not be mailing your SSN to strangers.

I honestly would talk to an attorney -- and then file a civil suit against the credit card company and/or their collection agency for their screw up.

Answer 4

If I were you, I'd request that the purported creditor validate the debt pursuant to the Fair Debt Collection Practice's Act by showing you a copy of the credit card contract that you supposedly signed. If they cannot produce a contract with your name on it, that you signed, then they don't have a case. Also, in my validation request I would ask the purported creditor from what account did they debit valuable consideration(money) to fund my credit card account? You see, they will not be able to answer this question because the fact of the matter is that banks don't loan money at all. They simply accept your credit application which is a promise to pay (monetizing your signature), then exchange your note for credits(computer entries) to your account. The credits translate to federal reserve notes for spending purposes. I know this must sound crazy but it is true. If you read a pamphlet called Modern Money Mechanics printed by the Federal Reserve, they will go so far as to tell you that banks really don't loan money. In short, in order for a contract to exist there must be consideration(money or something of value exchanged), and credit card contracts are of a class of contract that are required to be in writing, and as stated earlier if they cannot produce a contract with your name on it, then the Plaintiff has no case if you assert your right to see the contract by way of validation. In pertinant part, Modern Money Mechanics states .....Of course, they do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to the borrowers' transaction accounts. Loans (assets) and deposits (liabilities) both rise by $9,000. Reserves are unchanged by the loan transactions. But the deposit credits constitute new additions to the total deposits of the banking system. If the Plaintiff, or law office does not validate the debt, but still pursues court action you can sue for violation of the Fair Debt Collection Practices Act for failing to validate a purported debt, but yet continuing to collect on said debt. Whatever, you send the attorney always make sure you send it certified with receipt requested upon delivery. I hope this helps you understand a little better.

Answer 5

Did you ever co-sign for a friend or family member? You should be able to call the credit card company and ask for a statement or something before you go to court. You will have to go to court or you will be in contempt but they will have to prove somehow that you signed a credit card receipt or it'll be thrown out of court.

Answer 6

Don't send the credit card company anything. If you've asked for proof and they haven't given it to you they are not trying to work woth you. You have to go to court, if you don't that's admitting guilt. The card company will send their atty. and they should have some sort of proof. You can also ask for a handwriting expert, they will require your signature from now, and a few signatures of yours from within 6 months of when you "opened" the card account. They should be able to show you when and how you used that card. Fight,fight,fight to the end if it's really not yours.

Answer 7

there are many people out there with the same names and sometimes they do get them mixed up but the good thing is even though they may have the same name as you the birth date can even be the same but the ss# won't be do not give this company you ss# they can change there documents to fit you but you can ask them the birth date and for the ss# on the account and if it is not yours tell them they have the wrong person but do not give them your personal info and if you are sure this is not your bill then you should seek out a lawyer and let them handle it for you and if it turns out to be yours just make arrangements with them to pay the bill off

Answer 8

The CC needs to show you a signed document that was filed with them. Send them a letter with your signature and tell them to compare them. Keep records of your corrspondence with the CC company, keep asking them for proof. When and if you go to court, as for the proof there, be proactive and the CC company may drop the claim. Then ask them to expunge your credit record. Then call your local credit bureau or one of the three big ones and tell them that you want a fraud alert placed on your file, so if somebody tries to open an account under your name, that company will call the police if some one applies for credit under your name. Never give out information, ever!!!!!!!!!!!!!!!!!!!!!

Answer 9

Something here doesn't make sense, but you may have experienced identity theft. HOWEVER, most card companies DO NOT GO TO COURT over 3K, so something sounds weird. you need legal representation. And be sure you are telling the TRUTH on all fronts.

Answer 10

honestly either get an attorney or a legal book. You may not owe this debt and its illegal to give legal advice without a license. But they have the burden of proof (assuming you are in the US) You MUST file an answer within the legal time limit. they will ask queswitons (interrogorities) deny deny deny! good luck!