Legal Question in Credit and Debt Law in Massachusetts

Re: Small claim by a credit bank

You should file an Answer with the Court basically stating your side of the case. The Answer should be sent to the Plaintiff's attorney. You will need to show-up on the date of the hearing to present your side of the case. The Plaintiff will need to prove that the credit card is yours (signed application) and that you made charges and failed to pay. I would suggest that you also contact the Plaintiff's attorney prior to the hearing and inform them that this is not your account. If you can persuade them that this is not your account, they may drop the case if they feel that there is not enough evidence to support the claim. If you cannot resolve prior to the scheduled trial date, you need to show-up at trial to present your side. Failure to show-up will result in the Plaintiff obtaining a judgment against you for $2,000.00. Prior to the court date, make sure that you make copies of all relevant documents and write down a brief time-line of the case. This will help you present your side at the hearing. You can obtain more information regarding Small Claims court on the state of mass website at www.state.ma.us/consumer.

Re: Small claim by a credit bank

Well, first, you're going to have to attend the court hearing to give your side of the story. Under the Federal Fair Debt Collection Practices Act, a creditor may not collect a debt that is not lawfully owed to them. Presumably, Providian will have some documentation to demonstrate the existence of the account - such as a signed credit application, bills, etc. I also presume that the case is being handled by an attorney. It would be wise to call the attorney prior to the court date to see if this documentation exists - if it does, and you verify that the account and debt is yours, it would be wise to enter into a payment plan, without having to take the time to go to Court.

Good luck.