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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Post Sued for a Debt That I'm Not Sure is Mine

    My question involves collection proceedings in the State of: Alabama

    I had a credit card with Capital One when I was 18. I have since paid it off (two years ago) and closed the account. I was served with a summons for small claims court last week about a $900 debt with Capital One. I found a statement from my old account that is now closed, and the account number didn't match the account # listed on the summons. So, I went to the atty's office that's suing me and I showed them the statement from my true account. They told me that Capital One stated that I actually had two accounts with them (but I only knew of one). The acct I'm being sued for was opened when I was only 17. The atty's office gave me a copy of the application which was hand written and a copy of the last 4 or 5 statements, all of which had no activity or info other than "past due" and "please pay now". I can not say for sure if it is my writing or not (It's been 5 years). The application did have my correct address and everything on it was my true info except my birthday which the year had been changed. I can not say that I never got a bill for this account, because I did have a real acct with them, so when I would see a Cap One statement, I would usually shread it before even opening it, as I monitored and paid my bill online.

    I went to the atty's office the one time and gave them a copy of the statement from my closed account and showed them the #s didn't match. Also, the acct they're suing me for was in my middle name. Every card/account/titles I have ever had was under my full name, first middle and last. When I met with them, the guy said there had never been a payment made on the account, and he pretty much told me it would have had to have been someone in my household that opened it and unless I "wanted to have my mother or sister put in jail, I should just pay the money". I know this was scare tactics and I understand they're trying to get money any way they can, but I am worried that if I do pay the debt, even though it is not mine, it will still be on my credit report.

    So, my question is:
    1.) Can I ask that they validate the account?

    -The handwritten application they gave me could have very well been the one I truely filled out for the card I did have. At 17-18 years old, I'm sure I filled out a ton of them, I was young and dumb. But I truly did not know this account existed until I was served with summons (I haven't purchased a car or ran my credit in over 3 years).

    2.) Should I go to court or just pay it?

    -It looks bad. The card was supposedly sent to my real address, and everything was correct on the application.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,906

    Default Re: Sued for a Debt That I'm Not Sure is Mine

    They showed you your application and your overdue balance - what additional verification do you imagine they can produce?

    If you want to pay the amount in exchange for having the matter dismissed (that, not a consent judgment, would be the better approach), you can do that. If you believe you have viable defenses and that the debt is not yours, you have the right to litigate the claim.

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