Legal Question in Credit and Debt Law in California

I was sued by Hunt and Henriques for a debt of $9.900 of charges that I did not make. I was a victim of identity fraud and over the years have disputed some charges. Chase was there today and showed some of those disputes as well and I represented myself. These charges that total $9900 were not made by me but the attorney said that I did not dispute in the correct time and also I was responsible.They said I disputed before and tried to characterize me. Also said I disputed through email and not in writing per billing rights act. They did however go ahead and dispute and then fraud denied as charges were not made by me I never paid. They worked the dispute and fraud case. So how can that be a defense? What should I do. I will appeal, how can I stop them from getting my money?

Please help. Also I requested by mail docs and also spoke to them on phone never provided docs that they were going to present in court.

Thanks

Please advice my recourse I am lost I dont want to

I believe the judge was siding with them and I feel I lost.

I will get the outcome next week but I know the judge will not be in my favor, he was joking with them during the case and they represented well.

Not accurately but said I made the charges.

What is my recourse? They brought my husband into it and alleged he was in construction as these charges were construction related


Asked on 2/27/11, 11:33 pm

2 Answers from Attorneys

Tony Carballo Carballo Law Offices

If you lose there is really nothing you can do. Whether or not you made the charges is a question of fact and the higher court that will hear your appeal will not reverse the trial court's decision with regard to the facts as determined by the judge at the trial. Otherwise, you and every other person being sued would be entitled to a second trial if you lose at the first one. Courts of appeal, with very limited exceptions, only review how the trial courts apply the law to the facts in deciding the case. The appeal may delay enforcement of the judgment but eventually the credit card company will be able to enforce the judgment. You should try to settle the debt if you lose the case. You may have to consider bankruptcy, particularly if you have other debt and have wages that can be garnished or assets that may be taken to satisfy the judgment. I hope you learned something from having represented

yourself and will not try such a foolish thing in the future again if you need to file a

bankruptcy case or have another legal problem of significant importance.

You might have been able to win the case had you obtained the documents as you had requested. You could have served a request for production of documents and gotten the case dismissed if the attorney were unable or unwilling to give you the documents requested before the trial.

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Answered on 2/28/11, 12:16 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The case is over, and you lost. If winning the case was important to you, you should have used an attorney.

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Answered on 2/28/11, 1:33 am


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