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  1. #1
    Join Date
    Sep 2005
    Location
    New York
    Posts
    6

    Default Being Sued for a credit card debt not on my Credit report

    Hi,

    I can not afford a lawyer so I will have to go this alone, but I recieved a summons that I am being sued for a credit card debt that is no longer on my credit report. The debt is over 10 years old and has been deleted from my credit report.

    I have no records of this debt and refuse to pay it since it is now been deleted 3 years ago. I payed my time.

    Do I fight this with this arguement or do I claim I have no such record of this debt and ask them to leave me alone.

    Do I have a case when I go to file my answer?

    Thanks

    Miguel

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,483

    Default Bad Debt

    You would presumably want to raise the statute of limitations as a defense when you file your answer. You should be able to get documentation of the alleged debt from the plaintiff. You can't ignore a lawsuit - if you do you will be defaulted, and the plaintiff will presumably try to collect the judgment.

  3. #3
    Join Date
    Sep 2005
    Location
    New York
    Posts
    6

    Default

    No I would not avoid a lawsuit at all. I found out I have plenty of time to reply.

    I was able to find an old credit report that has the debt they are sueing me for and it was removed from my report 2 years ago. It is now over I think 8 or 9 years old.

    I was thinking of saying this as my answer:

    1. This account is no longer listed in my credit reports

    2. According to the Fair Debt Collection Practice Act, plaintiff is in violation of persueing legal action. Debt has passed the statute of limitation. Deleted from credit reports June 2003. Proof can be provided.

    3. Debt is over 10 years old.

    4. I made no arrangements with plaintiff on any payment schedule

    Does this seem like a fair answer to this summons...

    Again I can not afford a lawyer so this is all I can think of providing. Very interested in what you think.

    Plus I also found a letter from fair-debt-collection.com website that they suggest sending a letter that you will persue this as your case and see if they don't drop it.

    What do you think? Here is the link:

    http://www.fair-debt-collection.com/...te-letter.html

    Thanks for your response and help.

    Miguel

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Collections Lawsuit

    You indicated that you are being sued. Sending a letter won't change that fact. You need to answer the lawsuit.

  5. #5
    Join Date
    Sep 2005
    Location
    New York
    Posts
    6

    Default Re: Collections Lawsuit

    Quote Quoting aaron
    You indicated that you are being sued. Sending a letter won't change that fact. You need to answer the lawsuit.
    Well, you know the letter I got saids I am being sued but I was told it is a summons filed against me at the courts. Is that the same thing as a lawsuit. If it is that is what I am doing is answering the lawsuit.

    What I put in does that seem to make sense?

    Thanks

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,483

    Default Lawsuit

    Sending a letter under the FDCPA disputing a debt has nothing to do with answering the lawsuit that has been filed against you. If you are having difficulty understanding what you are required to do, you really should consult a local lawyer.

  7. #7
    Join Date
    Sep 2005
    Location
    New York
    Posts
    6

    Default Re: Lawsuit

    Quote Quoting Mr. Knowitall
    Sending a letter under the FDCPA disputing a debt has nothing to do with answering the lawsuit that has been filed against you. If you are having difficulty understanding what you are required to do, you really should consult a local lawyer.
    That is what I am doing. Answering the law suit. What I stated above would that be a pretty good answer.

    I cannot afford a lawyer.

  8. #8
    Join Date
    Sep 2005
    Location
    New York
    Posts
    6

    Default Re: Lawsuit

    Quote Quoting Mr. Knowitall
    Sending a letter under the FDCPA disputing a debt has nothing to do with answering the lawsuit that has been filed against you. If you are having difficulty understanding what you are required to do, you really should consult a local lawyer.
    Well today I answered the lawsuit and only had enough room to put 3 answers.

    I wrote:

    1. that the statute of limitation for this account expired.

    2. The account was deleted from credit report on July 2003

    3. Charge off date was August 1997.

    I have a court date.

    Lets see how it goes. I have proof of what I put as a response from an old credit report.

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