Legal Question in Credit and Debt Law in California
Im in Los Angeles California and i'm being sued by AMEX. Is Sworn Denial which says " I deny that this is my debt and if it's my debt, I deny that it is still a valid debt and if it is a valid debt, Ideny the amount sued for is the correct amount" legal ? Will it not be a prejury issue?
1 Answer from Attorneys
When you file an answer, you will not be filing a "sworn denial", but rather wil be raising those items as defenses. Since you will not verify your answer, there is no issue of your making a false statement under penaalty of perjury. At trial they will come in with records showing the debt and you need to try to get some proof that you did not incur the debt. Depending on how much they are claiming, you may want an attoreny to review what wriltten information there is as there may be a Statute of Limitations, estoppel, standing, etc. issue