Legal Question in Credit and Debt Law in Alabama

help credit card debt

I am being sued for credit card debt. I went to court yesterday and the local attorney for the defendent try to pull some mess over my head. The thing is that the local attorney does not have any proof that I owed the debt. The only thing that she had was a sheet up paper saying that the creditors was trying to contact me and no answer. There was no contract or application. My defense is the SOL and my credit report. The sheet that the local attorney have is saying that I had in account in February 2008. That is not possible because credit report stating that the last payment was made in Feb. 2004. The paper also had the SOL in 2010. I was like oh no that debt is not mine. The thing is that the judge did a continuance on the trial and the local attorney for the defendent is trying to get me to talk to her and she said that she is trying to help. I am not trusting her. The judge said that if I do not work out a repayment plan with the lawyer, he was going to recuse himself from my case because I am kin to one of his employees and that I may have to go to circuit court. How is this when the lawyer can not prove that I owe the debt. I am very depressed because I am unemployed and do not have any money. Any advice would be helpful.


Asked on 8/15/08, 5:19 pm

1 Answer from Attorneys
Rhonda Hood Hood & Lay, LLC

Re: help credit card debt

So many consumers are victims of strong arm debt collections tactics. You may have your own claims against this debt collector for violation of the FDCPA and other laws. In addition, it sounds like you have other valid defenses to assert, as they have to prove the amount of the debt and that they are legally entitled to collect the debt. The court should require them to produce a Copy of the original signed loan agreement or credit card application. (Your contract establishing the debt)or in the least account statements from the original creditor showing the debt and how its been calculated. Please contact us directly if you wish to discsuss this further.

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Answered on 8/19/08, 2:29 pm


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