Legal Question in Credit and Debt Law in Pennsylvania
Credit Debt/ Civil Action Hearing
Long story short, I had a credit card with my sons father as an authorized user. He made many charges on the cards, such as several guns and many other things. I left him and he promised to pay the bills since he mainly charged on them. Well needless to say this was since 2000 and I never recieved any payment. I paid for the first year or so till I could not afford it any more. Then they started calling and ordered me to pay the amount in full and would not except any paymants. Needless to say I was no longer able to pay so I stopped. Today I recieved a letter saying I need to appear in court. I have called trying to get copies of the actual sales slips and was informed by one company they destroyed them and no longer have them. I had a house fire so I no longer have my copies to prove my charges vs his. I'm going to attempt to sue him for the money he owes towards the credit cards. I have not worked all year and obviously do not have any money to pay off these debts that are not all mine. My question is 1. What are my chances of winning in court with the civil action hearing? 2. How do I go about sueing for the money owed to the creditors that my sons dad owes. Any and all help is greatly appreciated.
1 Answer from Attorneys
Re: Credit Debt/ Civil Action Hearing
Either you are contesting the charges or you are not. If you have made payments on the debt, you will have a hard time disputing them now. Did you have the agreement where he was to pay off the cards in writing? If not, write to your ex, putting the agreement in writing and demanding payment. Chances are he will not respond, and you can use the letter of evidence of his obligation, because if this was not your agreement, the ordinary reasonably prudent person would have responded to your letter denying the obligation. IN WRITING, tell the credit card that you dispute at least some of the claimed charges, and demand in discovery, copies of the original credit card application, and evidence of all claimed charges, record of all payments made, and their accounting for the money they say they are now entitled to. If you have to go to court, tell the judge you demanded discovery, and that they did not respond, or that their response was incomplete and you can not defend against the claimed charges without the information, and that if they can not substantiate the charges, claimed fees and interest, that they can not prove their case, and you want it dismissed WITH PREJUDICE. It may not be dismissed, but it should delay things, and help with any settlement. In the mean time, go to the courthouse, and ask for help with the forms necessary to sue your ex for the charges, and you need the discovery from the credit card company to prove your case against your ex. Best case scenario, it gets dismissed with prejudice, worst case, hopefully your ex gets a judgment against him, but do not be surprised if you get a judgment against you, and your ex gets one against him for about the same amount as the judgment against you. Get from your bank the records of payments made to the credit card for your ex, and the judgment against him should include payments made by you for his benefit. Good luck.