Legal Question in Credit and Debt Law in California

Delinquent credit-card debt

Dear Sir or Madam: I am being sued over some alleged credit-card debt.

First of all, I say ''alleged credit-card debt'' because the plaintiff's complaint does not contain any copy of any document showing my signature on this account. Yet, they claim that their crude photocopy of pages of credit-card-agreement boilerplate are a written agreement between the credit-card company and myself. On that alone, I think they have not proven their claim that I factually held this account. What do you think about that one point of contention?

Also, should they win their judgement, what if I were to take the money I do have (just a few thousand dollars) and put into my wife's bank account? Can the plaintiff then place a lien on my wife's account when she was never listed on the credit card nor as a co-signer to the agreement?

Please understand that I never meant to default on this debt until I was suddenly laid off from a very good job. I have also had great difficulty in finding comparable work since then. I literally had perfect credit before this sudden financial reversal.

Thank you.


Asked on 8/18/07, 2:40 am

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Delinquent credit-card debt

Congratulations, you've just made a public admission that this debt is yours. What does that do to your "point of contention?"

Your transfer after judgment will be construed as a fraudulent transfer, and your wife's account will have an equitable lien in the amount of the transfer.

I think you should visit an attorney in your neighborhood soon.

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Answered on 8/18/07, 2:51 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Delinquent credit-card debt

Have you considered other options, such as bankruptcy or debt consolidation?

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Answered on 8/18/07, 2:58 am


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