Being sued for debt I do not owe

YesLioness · #1 10-22-2005, 12:56 AM

I was contacted by a lawfirm by mail about a debt that I owed. I contacted them and they said I had a Visa account debt in the amount of 1300 dollars between the time of 2000 and 2003. I DEFINETLY did not have any Visa account, never ever....and certaintly not between the years 2000-2003! I told them that, they verified my information, SS#, address, ect...everything was correct, they said they would investigate it.

Next thing I know, I received court papers in the mail saying that I am being sued by these lawyers for a debt I NEVER HAD. It's not on my credit report eitheir, I have checked on the major bureaus.

My question is how can I prove I do not owe this debt...is having my credit report enough evidence (it will show all recent opened and unpaid accounts? If not, how else can I prove that I do not owe this debt?

thanks for any advice.
Lioness

Mr. Knowitall · #2 10-22-2005, 11:55 AM

They have the burden of proof - that is, they will have to advance some form of evidence that the debt is yours. (Was the billing address supposedly yours?) There should be an initial credit application for the credit card, for example. Your credit reports may also help persuade the court that the account is not yours.

You need to answer the lawsuit and go to court as ordered, or you will be defaulted.

YesLioness · #3 10-23-2005, 01:50 PM

Thank you Mr. KnowItAll I definetly plan to answer the lawsuit and go to court as planned. When I called them, they verified my ss# and address, it was all correct.

I never received any bills, no creditors calls about any late bills regarding this account, nothing....

I also understand that the burden of proof is on their side but I am feeling imtimidated since these are lawyers sueing me...I don't know what kind of "proof" they have.

So, my only option to prove that I not only do not owe this debt but NEVER opened an account with this company, is to show my recent credit reports? Anything else I can try or use?

aaron · #4 10-23-2005, 05:46 PM

You can demand that they produce the credit application during discovery, to the extent permitted by the court and court rules, or at trial.

YesLioness · #5 10-25-2005, 10:27 PM

Thank you, I will do that....another question...

could this possibly be a scam? the lawsuit is definetly real but I'm wondering could it be possible for these lawyers to make this up to get money? and once making up the bogus debt claim file a lawsuit, hoping that I wouldn't know what to do and possibly default?

I :roll: with this crazy world filled with new and improved scams developing everday, I certaintly would not be surprised!

Thanks for the responses!

Lioness

aaron · #6 10-27-2005, 10:54 AM

I doubt that it is a scam; but it sounds like somebody make a pretty serious error somewhere along the line, or that you were a victim of identity theft (although even that should show up on your credit history).