Legal Question in Credit and Debt Law in California
Several years ago, my mother obtained a Discover credit card using my name and social security number. She made timely payments until about a year ago. Now the card is in default and I have received a summons which I have only a couple of weeks left to answer. The amount is over $12,000. I called the attorney listed and tried to arrange payments, but the $100 per month I could pay was not enough. I do not want to fight this as an identify theft because my mother has enough problems and she is helping me raise a 3 year old. I am a low income single mother, self employed as a hair stylist. How do I answer the court? Will a mediator help? What if I do nothing? Thanks for any input!
2 Answers from Attorneys
It is very unfortunate when we get saddled with debt that we did not incur ourselves. Often in this situation, a bankruptcy filing in Federal Court is the cheapest, most effective way to get rid of the liability. You can seek the counsel of a bankruptcy attorney in your area.
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DO NOT call the plaintiff's attorney and attempt to arrange payments, or speak to them at all, without having the situation looked at by an independent attorney. You may have defenses to the lawsuit. If the charges were run up several years ago, the statute of limitations may have expired. Yes, making a partial payment resets the statute of limitations, but you didn't make a payment, she did. Another defense you have is that you did not incur the debt. If you can show that, the lawsuit goes away, and the plaintiff will be left to face the option of suing your mother, and they may not want to do that. Bankruptcy could theoretically be an option, but try everything else first. If you win the case you will also collect attorney fees, so be sure and use a lawyer when you respond to the lawsuit. Another reason to use a lawyer to defend the lawsuit is that you would be in over your head if you attempted to defend the lawsuit by yourself. I have successfully defended these types of cases before every judge in Van Nuys. If you do nothing, they will have a large judgment against you, and they could have the sheriff take your wages and bank account.
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