Legal Question in Credit and Debt Law in Iowa

Credit Card Debt

If you have a credit card that is charged off can a collection agency sue you without having proof of the orginal debt? There was a letter sent to me and filed with the clerk of court stating there would be a judgement filed against me if I did not take care of this debt. I have requested proof of the debt (a list of the charges from the credit card company) and no one will provide me with this. I have made offers to settle this debt but can not afford their counter offers. I obviously don't want a judgement filed against me and feel they should be able to proove the debt. Can they do this?


Asked on 10/15/08, 2:06 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Credit Card Debt

"Letters" are not usually filed with the clerk of court. My guess is you have been sued. There should be a date on the documents you received telling you when you need to appear and/or file an answer. You must do this, or you WILL have a judgment entered against you.

I agree that it appears that the Fair Debt Collection Practices Act has been violated. You should contact an attorney in your area to assist you.

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Answered on 10/17/08, 9:35 am
David Anderson Anderson Business Law LLC

Re: Credit Card Debt

They may be in violation of the Fair Debt Collection Practices Act.

They must provide verification under that act.

If they are 3rd Party Collectors they are subject to the Act.

Call or email for further assistance.

How much is at stake?

You may be able to collect damages from the collector.

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Answered on 10/15/08, 2:19 pm


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