Legal Question in Civil Litigation in Indiana

I recieved a credit card in the mail. I called to activate it and I asked them two questions. I) is there any type of charge on this accoutn already, like some type of introductory or deposit fee? They said NO i had all of the credit available to me. 2) can I use this on a ATM< I was told that I could take out 150 only. I went ahead and activated it. I had taken money out of my account at my bank and had the card and was going to go to some good deeds for others, but got burnt. First went to fill my gas up, the clerk stated taht the card was being denied. Had to reach into my pocket. Then i went to an ATM , before that day was over I had 22 failed transaction an six phone calls later, they company was tellign me they didnt' see any transactions, that my card woudl work and I must be typing in something wrong or a bad pin, but I never coudl get any money. They sent me a new card a aweek later same issue. I started writing disputes about the whole deal. I emptied my pocket and all my cash on the terms that this card was putting it back, and it didn't some places it woudl work, other places it woudlnt but it never would work at any atm, isn't taht breach of the terms and conditions, isnt' that false advertisment, what's in your wallet, "Nothing, I had to use it all beause th card didn't work. I never heard one work back from the compnay even after and over 15 complaints, disputes in whriting and on internet were sent. Nothing, they then shut down my ability to get online to my account. They charged off the debt. Now I have some attorney who says he is suing on that companys behalf. and this attorney did a hard pull on my credit after i todl him i didn't owe him any money. The debt was disputed. Now I am being sued and I think i shoudl have soemting I can use here to defend myself and this lame company that couldnt' and didn't produce what they promised What am I to do, they didn't even acknowledge the complaints and disputes filed, doesn't that make this suit illegal to where I can have it dismissed?


Asked on 2/11/10, 11:37 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

What are they suing you for? If the card never worked, then you didn't charge anything on it, did you? Therefore, they shouldn't have an outstanding balance.

An attorney in your community needs to see this, or if it is in small claims court, you can raise these same questions in that court. You can also contact the attorney general's office in Indianapolis and lodge a consumer fraud complaint.

Good luck.

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Answered on 2/18/10, 10:25 am


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