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can I fight this????


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I'm being sued by Capital Financial Credit for a CITI card I honestly dont remember having...Got summons a while back filed answer..First appearance, I showed up they had no evidence so local lawyer asked for an extension till June 2. Today I got letter with some CC statement copies with my name and address on them..called the firm and they admitted that this is the only evidence they have other than the affidavit from Cap. Fin. that was in the original summons. No chain of assignment, no written contract, nothing. I know that I have seen on this forum somewhere of people winning their cases like this, I just cant find them now for some reason. What do I do?? Can the statements be dismissed as hearsay like the affidavit (I hope) will be? No written signature, no SSN on anything...Please help me prepare for my pre-trial date????

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1. Who is suing you? Atty for Capital Financial Credit

2. For how much? $7000ish

3. Who is the original creditor? Citibank

4. How do you know you are being sued? served summons

5. How were you served? Were you served? at my door (normal guy, not officer)

6. What was your correspondence (if any) with the people suing you before you think you were being sued? none (even though they say that they sent dunning letter Oct. 2007...

7. Where do you live? Illinois

8. When is the last time you paid on this account? 5/2005 according to some copied CC statements they sent.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Had first appearance, waiting for pre-trial

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) not on my credit reports, so no..

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. didnt know anything about this CC, so no again

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? yes, in Illinois you dont have to file an answer for small claims, but I did anyway to cover my rearend...at first appearance the judge pretty much ignored it though...

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? it had the usual affidavit from the CA and nothing else...the complaint said that they had the original contract as exhibit A but it wasnt attached and when I asked about it in court, they admitted that they did not have it...also,about two days ago they sent a few old CC statements with my name and an OLD address on them, but no signatures or anything.

14. What is the SOL on the debt? 6 years..w/o a written contract

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If you do not have any knowledge of the debt then you will have to say that the day of court. I have known several people that have won their cases because they tell the judge the plaintiff has not provided any documents with their signature. No application with verifiable signature, no copies of purchases with verifiable signature, so that is the defense I would use if it were me.

Good luck

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Unless you aren't being truthful here, I would treat it as ID Theft. I really think you would remember a 7000 debt from less than 5 years ago if it was yours. You would need to file a police report and some kind of affidavit of ID Theft.

How to go about handling that with the court, I will allow one of the legal types to answer. Perhaps a motion to dismiss based on it not being your debt. Maybe an attorney of your own is in order?

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Unless you aren't being truthful here, I would treat it as ID Theft. I really think you would remember a 7000 debt from less than 5 years ago if it was yours. You would need to file a police report and some kind of affidavit of ID Theft.

How to go about handling that with the court, I will allow one of the legal types to answer. Perhaps a motion to dismiss based on it not being your debt. Maybe an attorney of your own is in order?

Alva,

I stand to gain nothing by lying on this site, so everything I have on here is to the best of my knowledge...also their atty. says that the actual CC debt was $3500 and the rest is some ungodly interest amount (I figured by hand that it would have to be around 33%!!!!) I truely think that with the help of the great people on this site that I can destroy this case w/o my own atty.

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I was simply making a suggestion that if it is absolutely not your debt, I would treat it as ID theft if that would more quickly and easily solve the problem.

If you are unsure, and there is a possibility it yours, you can still beat them but will have to go through the whole discovery and motions process, challenge their evidence, etc.

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