Being Sued For Wrong Credit Card???

[Tyler]

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I am being sued for a CC debt which is not mine. I have denied that

this is my debt and that is the truth. I think they probably got some

kind of info on me from an account that I defaulted on after becoming

disabled and I was trying to settle it for a lesser amount after dealing

with a Credit Consolidation Business that misrepresented themselves.

The Affidavit, exhibit, that they have sworn is mine could not be I had never missed a payment up through 2004. This account that I am being sued for defaulted in Jan 2001 and was sold to JDBs in 2003. It was opened according to the affidavit by me in 1993 a Mastercard Business Card....I never had an account before 1999 and it was a Visa. Somehow they have it all mixed up as they swore I made a payment on this account in 2004 to open the SOL on it. It is all patched up information but I am honest when I say THIS couldn't be my debt.

Surely when they go back and look at this they will realize that

they have things badly mixed up. My thinking would be they would

have to dismiss with all the wrong info. But so far they have not

cooperated in answering discovery but not dismissed lawsuit.

One other thing is that this company is not licensed to do business

in this state. I have read that one Fair Debt Violation is enough to

get the case dismissed if they are still going to continue. Is this true?

I don't see how they can possibly come back and say all this wrong info was a bona fide error. Because the have sworn to own and have all knowledge of this account.

Thank for any information of what my standing in this case might be.

[justincase]

FONT="Comic Sans MS"]

I am being sued for a CC debt which is not mine. I have denied that

this is my debt and that is the truth. I think they probably got some

kind of info on me from an account that I defaulted on after becoming

disabled and I was trying to settle it for a lesser amount after dealing

with a Credit Consolidation Business that misrepresented themselves.

The Affidavit, exhibit, that they have sworn is mine could not be I had never missed a payment up through 2004. This account that I am being sued for defaulted in Jan 2001 and was sold to JDBs in 2003. It was opened according to the affidavit by me in 1993 a Mastercard Business Card....I never had an account before 1999 and it was a Visa. Somehow they have it all mixed up as they swore I made a payment on this account in 2004 to open the SOL on it. It is all patched up information but I am honest when I say THIS couldn't be my debt.

Surely when they go back and look at this they will realize that

they have things badly mixed up. My thinking would be they would

have to dismiss with all the wrong info. But so far they have not

cooperated in answering discovery but not dismissed lawsuit.

One other thing is that this company is not licensed to do business

in this state. I have read that one Fair Debt Violation is enough to

get the case dismissed if they are still going to continue. Is this true?

I don't see how they can possibly come back and say all this wrong info was a bona fide error. Because the have sworn to own and have all knowledge of this account.

Thank for any information of what my standing in this case might be.

If true indeed if you were served to come to court it's a little late for DV, in your case I would file a motion to dismiss complaint based on the facts above and file counter claim on them for not being licensed to collect in your state which a violation and automatically puts them in violation of FDCPA.

[justincase]

I have read that one Fair Debt Violation is enough to

get the case dismissed if they are still going to continue. Is this true?

By FDCPA being a strict liabilty statute, one only needs to show that a violation occurred, they can't come back after the fact and try to correct it or clean it. Dolmite73 posted in one of my threads:As a judge once told a JDB when I sued the JDB, "Once the horse it out of the barn, you can very well put him back, can you?" (After the judge said that, he smacked them down good and I made a few coins off the deal.

I don't see how they can possibly come back and say all this wrong info was a bona fide error.

This may help answer your question regarding above: The FDCPA is a strict liability statute, and intentional conduct is not required for liability. Whether or not the debt is owed is also generally irrelevant. The deck is further stacked against debt collectors in this arena by the decisions holding that a debt collector’s conduct or collection letters are not judged by the familiar standard of the “reasonable person”, but rather by reference to what the “unsophisticated consumer” would believe. As explained by the Seventh Circuit, this standard is designed to protect the debtor who is “uninformed, naive or trusting” and presumes a level of sophistication that “is low, close to the bottom of the sophistication meter.” Courts have recently expanded the standard for FDCPA liability beyond an express violation of the statute’s terms, and these cases hold that merely causing the unsophisticated consumer to be “confused” is sufficient to hold a debt collector liable.

The sole affirmative defense under the statute, bona fide error, has two parts. The debt collector must first establish that the violation was not intentional, usually not a difficult proposition. The second element requires a showing that “the error occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such error.” The simple belief that the conduct was legal, even if based on an attorney’s review of the practice, will not suffice. The bona fide error defense requires the existence of a verifiable procedure, preferably written, plus an explanation of how the procedural safeguards unintentionally failed to prevent the alleged violation.

I can send you the entire doc PM if you like. I got it from here, don't panic the senior members here in this community have some of the best minds in the country when it come to this credit thing and I'm sure they will chime in with there opinion.

[Tyler]

Thanks , Justincase for your help and information. This is something

that is so consuming I find myself reading and trying to understand

procedures & laws I never thought I would be doing. Would appreciate

more information on document you referred to.

I have countersued them and filed for dismisssal but I guess the ball

is in their court right now. They are stalling & I get real stressed

waiting. Date was set to put case on docket and they wouldn't do it.

Attorney ask for more time. ( Well, never talked to this man always

talk to office manager ) I wonder if he really exist???? When this case

is settled I plan to file a grievance against him with the bar because he should not take a case from a company that isn't licensed to collect or do business in this state.

Thanks again.

[justincase]

Good Job!!! Be patient, I think if he had a case he would have moved forward with it. Continue to read and research regarding your States Laws in the meantime. I'll PM you that doc.