Legal Question in Credit and Debt Law in Iowa

I just found out that there is a credit card that I had not gotten. It was taken to court, and I did not know, so it was judged against me. I know it was not mine, but I am told there is nothing I can do about it. It is stated that I will have to pay for this $9000.00 card, that was opened in June 2007, and never paid for once.. They took it to court in October of 2007. I was told to make sure that it was actually mine, so I will go to the courthouse.

Alright, I went ot the courthouse, and found that a policeman had brought a paper stating how they were going to court against me. I never knew of it. My husband had signed it, and I never knew. Now, is there anything I can do of this, since I had not signed it, but it was to go to me? I will fight this all I can, but getting a lawyer will be hard because of money reasons. If I cannot fight it, I will not pay it and will have to go bankrupt, which I do not want to do. Thanks for all your guys help.Can I wrtite the judge, explaining all of this? Can I demand to see my signature or phone talk getting the card? It was not me that had gotten this card. Also what if I ask to see the bills that were put on it? Their lawyer told me that it was just used once, most likely for cash. Can't I see that? As I said, I will not pay it, but I do not want to go bankrupt!! Am I not able to take it to court, although it has alreay gone, stating that I had never known that it went, and that it was not mine. How can they prove it was mine? It was never my card. I have a good idea of the person that may have used it, but there again I am told that there is nothing I can do about it since it went to court and I did not fight it?Please help and hopefully you have some good advice to give my way on the right way to handle this. Thanks Michelle


Asked on 7/19/10, 6:41 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

If you care to, hire an attorney and have them explain your rights and responsibilities to you . You'll have to fund the process though. Writing to the judge will make no difference as the matter has already proceeded to judgment and collection.

Bankruptcy may be your only outlet-I would consult a bankruptcy attorney and kill two birds with one stone. This matter is likely not going away.

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Answered on 7/20/10, 5:56 am


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