My mom, age 65, is being sued by a law firm alleging that she has a credit card account and owes monies on it. In the process of discovery, we requested documentation such as the signed application, statement and/or purchases, however in their answers they say they do not have it in thier possession. How can my mom properly defend herself. She has no knowledge of this account nor does it show up on her credit report.
2007-03-23 12:00:21 · 7 answers · asked by Stephanie P 4 in Politics & Government ➔ Law & Ethics
It's the credit card company responsibility to prove it is your mothers account. If they don't have the proper files they will lose.
Hope they don't find them.
2007-03-23 12:06:49 · answer #1 · answered by Sgt 524 5 · 1⤊ 0⤋
I dont know where you are, but as a general rule, you just won the case. If what you are saying is true, they have no proof that there was ever a charge on the account, much less that your mother opened or used the account. I would raise an identity theft defense. There are procedures to follow to do that. But since you have already found out in discovery that they dont have a case, I would file a Motion for Summary Judgment or whatever they call it in your state. That is a motion that says that when the Court considers all of the evidence on file, a judgment in your mother's case must be rendered and there is no issue of fact that needs to be determined at trial. Difficult to win. A very involved pleading. But this sounds like a case that calls for it. I would advise you go get an attorney to resolve this issue. Going to trial against one of these sleezeball credit card companies without a lawyer, especially when you have a defense, could be dangerous.
I would also consider a claim against the credit card company and the attorneys for defamation, abuse of process and a myriad of other claims for filing a frivolous lawsuit. They knew or should have known that they didnt have enough evidence to make a primae fascia case. These creditor law firm mills have to be held accountable for filing frivolous cases.
2007-03-23 12:10:02 · answer #2 · answered by Toodeemo 7 · 1⤊ 0⤋
My question isn't how your mom can defend herself, but how can the credit card company claim that she owes them money with not one shred of evidence that proves it? I would write them a letter stating that, based on their own admission of lack of evidence, you request that they stipulate to filing a dismissal of all charges or you will consider filing a Cross-Complaint for Harassment and Filing a Frivolous Action. (You don't necessarily have to, but scare tactics are always good.) You could also submit a second set of discovery to them forcing them to fully admit they have no proof of this debt. Requests for Admissions: "Admit that in your prior Responses to Requests for Production you stated that you did not have any proof that defendant owes this debt." Special Interrogatories: "Please state all facts as to why you believe defendant owes this debt in light of the fact that, pursuant to previous responses to discovery, you allege you have no documentation proving defendant owes this debt." Make them either put up or shut up. Then file a Motion for Summary Judgment. But, you really do need an attorney, at least to advise you in your own preparation of your papers, because there are so many little technicalities that can be slipped by you. Good luck!
2007-03-23 12:16:27 · answer #3 · answered by Venice Girl 6 · 0⤊ 0⤋
First thing, you need to consult an attorney to make sure that your mom's interests are being protected to the fullest extent.
One of the purposes of discovery is to learn whether the plaintiff's claim really has any merit. So far, from what you are saying, it looks like this lawsuit has very little, if any, merit. An attorney can assist you in getting this case resolved quickly if that is what needs to be done.
2007-03-23 12:05:41 · answer #4 · answered by EthanHunt 3 · 1⤊ 0⤋
This is a scam played on people. Often they will allow you to "settle" the account for 50% of what you owe. They must show you proof of charges, signatures for the card, or stop harassing you. You may want to contact an attorney to get them to stop.
2007-03-23 12:05:51 · answer #5 · answered by psycmikev 6 · 1⤊ 0⤋
Unfortunately this scam is common. Luckily your dear mom has you to look out for her.
2007-03-23 12:28:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
have her bring her credit report and anything that she has to do with her credit to court with her......if they can't porve that she spent the money than they have no case......
2007-03-23 12:10:15 · answer #7 · answered by Rhylie and Paiyden 4 · 0⤊ 0⤋