Legal Question in Credit and Debt Law in Missouri

Going to court over old credit card bill

I was summoned to court over a credit card bill from around 1998 or 1999. I have appeared in count once, stating I did not owe the money. The judge set a date for 2/22/07.

I contact the office asking for documentation regarding their claim. I was told I was sent 7 letters to which I had 30 to ask for the information. Since I did not dispute the debt (which I never received the letters), they did not have to provide details. I mentioned the statute of limitation had run out and they claimed a payment was made in 2002 - which I know is not true.

Do I need to hire a lawyer? What can I do to obtain proof of the dept and the payment they claim was made. I do not recall ever using this card personally. The card was also in the name of my now ex-husband, who has not been named in the collection case.

Any assistance or information would be greatly appreciated.


Asked on 1/31/07, 8:45 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Going to court over old credit card bill

I would definitely advise you to hire an attorney. I have seen many cases where the defendant did not hire an attorney and the result was that the creditor obtained a judgement for all the money claimed to be due, plus attorney's fees, and costs and interest at the credit card rate following judment. An attorney representing you may be able to obtain the proof you are interested in, may be able to get the case dismissed based upon the statute of limitations, may be able to win the case at trial, or at the very least may be able to get the case settled in such a way so as to save you a great deal of money. I believe very strongly that any money you spend on an attorney will be money very well spent. I also strongly believe that handling this yourself would be a mistake. I wish you the very best of luck. If you are in the St. Louis area, you may call me for a free consultation.

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Answered on 1/31/07, 11:45 pm


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