Legal Question in Credit and Debt Law in California

my wife is being sued by a collection agency for a credit card debt. The account # on the civil case documents is not the same as her credit card. Can that be used to defend her case?


Asked on 2/12/11, 1:02 am

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

The plaintiff (party suing) must prove that the defendant (the person being sued) owes the money. When your wife answers the complaint she must deny owing the money so that the plaintiff must prove that she does owe it. She has the right to generally deny all the allegations in the complaint to put every everything at issue. If it is just a wrong account number then it does not really matter if your wife does owe the money. Such trivial technicalities do not win cases except maybe in some movies. There are many legal defenses your wife must allege in her answer to the complaint or will be deemed waived. If your wife represents herself she can not use the excuse of not knowing the law if she makes a mistake although most judges give parties without lawyers lots of breaks.

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Answered on 2/12/11, 6:46 am


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