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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default How Do I Verify A Debt

    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?

  2. #2

    Default Re: How Do I Verify A Debt

    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

  3. #3
    Join Date
    Sep 2007
    Posts
    110

    Default Re: How Do I Verify A Debt

    Quote Quoting sgalwey
    View Post
    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.

  4. #4
    Join Date
    Feb 2008
    Posts
    3

    Default Re: How Do I Verify A Debt

    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.

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: How Do I Verify A Debt

    Quote Quoting sgalwey
    View Post
    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.

  6. #6
    Join Date
    Feb 2008
    Posts
    3

    Default Re: How Do I Verify A Debt

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

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