[sgalwey]

I recently got a court letter saying I am being sued for a debt owed on a credit card. I know that I have not used that card for at least 10 years. To be frank I have no way to know if I owe them the money or not.

The suit was not brought by the card company, but someone who claims to have rights to sue me. I know that I have to file an answer in a timely fashion, but what can I do? I do not have any bills (who does after that long). I do not believe that I have had any judgments against me, so how can they sue me without any bills?

[JLoh1970]

They can sue you in hopes you do not defend the case. (You do not file an Answer)
In which case they get a default judgment and take action such as garnish your wages.

As to what you can do, like you said file an answer is a start. However, filing the answer is only the beginning of fighting the case.

Here are your choices:
1.) Fight the case, pro se.
2.) Give in and pay them and/or let them win a default judgment.
3.) Get an attorney to fight your case.

For more detail on 1, see this post:

http://www.expertlaw.com/forums/showthread.php?t=41715

[Madmanmike1972]

I recently got a court letter saying I am being sued for a debt owed on a credit card. I know that I have not used that card for at least 10 years. To be frank I have no way to know if I owe them the money or not.

The suit was not brought by the card company, but someone who claims to have rights to sue me. I know that I have to file an answer in a timely fashion, but what can I do? I do not have any bills (who does after that long). I do not believe that I have had any judgments against me, so how can they sue me without any bills?

Start reading on how to defend yourself and check out your Court Rules of procedure. Looks like the Statute of Limitations would be up depending on where you live.

[sgalwey]

Thanks guys for the information. I will get an answer put together soon. Just a bunch of negative replies to their assertions should be good. I will have to see what the law is Ohio (if there is a statute of limitations and if there is one, whether has it has passed). I guess I would have to make a motion to dismiss at that point.

[seniorjudge]

Thanks guys for the information. I will get an answer put together soon. Just a bunch of negative replies to their assertions should be good. I will have to see what the law is Ohio (if there is a statute of limitations and if there is one, whether has it has passed). I guess I would have to make a motion to dismiss at that point.

The motion to dismiss will be overruled.

Do not fail to go to court.

Hold their feet to the fire.

[sgalwey]

Why will the motion to dismiss be overruled? What will going to court do that I want?