Legal Question in Credit and Debt Law in California

sued by credit card company

Being sued for credit card debt from 2004 for $6300.

Received summons a few days ago.

Read many horror stories about this particular collections attorney.

I've had my own horror stories with this account as well but thats another story.

Anyway, I pulled my credit report this morning and all references to this account are gone.

I noticed the ''regarding acct #'' on the filed complaint does not match the account number on my credit card statement.

I know the debt has changed hands many times but shouldn't the account number be the same as my original?

I am confused.

I have to respond but I'm not even sure if the debt is mine.

I don't want to settle for someone elses debt and then get sued for mine.

How do I obtain more info so I can respond properly?

Thanks for your time and input.


Asked on 5/14/08, 3:58 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: sued by credit card company

First, you need to answer the complaint! Do not do this yourself. Consult an attorney. I have beaten cases such as this one: the debt could be stale or the CA might not be able to prove it really owns the debt. They're hoping you'll default.

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Answered on 5/14/08, 11:06 am
Robert Mccoy Law Office Of Robert McCoy

Re: sued by credit card company

I agree with Michael Stone. These cases are generally easy to win. In addition to filing an answer, you should file a cross complaint for violation of the Fair Debt Collection Practices Act, that way when you win you could get an award of attorney fees. It is not your job to prove you do not owe this debt; It is the job of the party suing you to prove you do. They would have to show that not only do they have the correct account number, but that you incurred the purchases they claim. Most of the time, by the time one of these types of cases goes to court, the debt has been transferred between so many collection companies that the party suing you can neither prove you still owe the debt nor that it has a legal right to sue you.

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Answered on 5/14/08, 12:22 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: sued by credit card company

Put it off for a year and do discovery to confirm that you are liable. Contact me directly.

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Answered on 5/14/08, 5:07 pm


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