Legal Question in Credit and Debt Law in California
I wanted to get legal advice and to seek an attorney if possible for this case. I worked for a company from 2003-2006 in the state of Michigan and while there; the company I worked for issue me a credit card. To my knowledge, when I left the company the card was at a zero balance. Now I live in the State of California and have been here since 2007. Citibank has now sued me and this case has been going on for 2 years and now the case will be on trial for the judge to decide in Nov. Can a credit card company sue me years later especially since I live in a different state and have not worked for the company in years. What can I do? I have contacted the credit card company and the company lawyers for years and even try to dispute this credit card and have been unsuccessful. The card limit was less than 2,500 and they want to sue me for 13,000 in late fees and lawyers fees; mostly late fees. Is this even legal to charge 10,000 in late fees? Is bankruptcy my best option? Can I sued the company for charging me years later, is this legal?
4 Answers from Attorneys
If the case is set for trial in November 2011 then you need to find a lawyer to represent you immediately. In fact, your lawyer might have to request a trial continuance. This sounds like a complicated case involving the laws of your former state to be applied in a California case. The fact that you moved to another state does not affect your liability for the debt. Also, the credit card company can sue you several years after you stop paying. It depends on the law of the state where you got the credit card. Since it sounds like the card was in your name, you might be liable. Whether or not you can be charged so much in fees for late payments, interest, etc. depends on the law of the state where you got the card. Also, you say the balance was zero when you left the company and stopped using the card. It sounds like you did not close the account. Nevertheless, you might be able to prove that tge charges were made without your consent. Bankruptcy might be an option, particularly if you have other debt. The cost of defending the lawsuit will probably be more than the cost of the bankruptcy attorney.
The fees they are asking for sound high. If it goes to trial, the plaintiff will have to prove it's case -- i.e., that you agreed to the charges or are otherwise liable. Most collection cases that go to trial end up with a judgment for plaintiff, but occasionally, the defendant can win. My approach would be to first, find out what evidence the plaintiff has that you are liable, second, attempt to negotiate a favorable settlement, and third, decide to either file a bankruptcy or defend the suit.
Douglas A. Crowder, Esq.
Crowder Law Center
350 S. Figueroa Street # 190
Los Angeles, CA 90071
Tel. 800-455-1592
You are in a REAL mess. This case has been going on for two years and you're just NOW looking for advice? On the INTERNET? If you do not get an attorney working on this for you NOW you are going to lose any chance you have of doing anything but filing bankruptcy or paying the debt. Call me or any other qualified litigation attorney NOW.
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