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wife and I being sued. do we both have to appear


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Wife and I being sued for a credit card. We both recieved request for admissions, we will be putting the same answers down on both.

Does my wife have to appear? we have a 2 month old and it would be difficult for both of us to appear.

Can we petition the court, or Plaintiff Atty so i can be the Defendant to appear.

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If you go to trial she might have to appear because it seems they are asking you both questions. If I were you I would call the court and ask them or I would take her the first time and ask the judge but if you are both being sued, I think she will have to appear at trial. In my area you only have to go to court a few times anyway unless you file alot of motions. If you file motions then you need to appear to argue them.

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This seems to cover it:

RULE 20. Permissive Joinder of Parties

(A) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or succession or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or succession or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

These are your rules:

http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

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Wife and I being sued for a credit card. We both recieved request for admissions, we will be putting the same answers down on both.

Does my wife have to appear? we have a 2 month old and it would be difficult for both of us to appear.

Can we petition the court, or Plaintiff Atty so i can be the Defendant to appear.

That depends. You should let a local attorney take a look at the complaint to help you determine whether you're being sued as individuals or in some other capacity.

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Nascar, would jointly or severally apply in a non community property state if the account was established by one defendant? He didn't say, but it would be an interesting approach.

My concern was whether the debt was one incurred by the marital estate or individually.

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You may also want to look into rules or law allowing family members to appear for others. I know there are a few other states that allow that. Here in Utah a family member or "next friend" can appear for someone if they file a simple ex parte motion and the person representing them declares they are not going to be compensated.

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We need more info. Did your wife appear as a co-applicant in any way for this debt? Was she an authorized user of the account? That means you asked for a second card in her name and she used it. Ohio is not a community property state, so one spouse would not be liable for the debts of the other. However, if you made such a request, they may be able to bring her into the suit for whatever it is worth. You never know, maybe you married a millionaire. That's the way they think.

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both sig's are on the credit card application. If it goes to trial, We'll both appear if needed. I was hoping that at pre-trial I could just show up.

I am hoping to settle this at pre-trial. we are being sued for a credit card acct. that shows paid and closed, I have my credit reports and the credit union statement with a zero balance. they opened up a 48 month installment loan without our sig's with the alleged old balance from the c.c.

I also have their law firm calling me 2 months after I DV'd them with a no call request. I have all the Phone statements with their Phone #'s and the Certified sig. reciept from them. I guess we'll see what happens.

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Had a credit card, work stopped so the payments stopped, acct. charged off. 2 yrs go by and I recieve a notice that my acct. was paid and closed{ even shows that on the credit reports}. 6 months ago recieve a call from atty about payment on this installment loan that was opened up.

What I think happened is that they opened up an installment loan ,transferred my charged off amount into that acct. made a $5 credit on the acct. to possibly re-age it?? we never made any payment on that acct.

The lawsuit has the installment acct. on it, but request for admissions, all questions refer to a visa acct.

Any advice would be greatly appreciated. I have to finish my admissions and my request to them in the next couple weeks.

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work the paperwork and all the hire an attorney for trial only.

That would necessarily trip them up because they are counting on both of you at trial to question.

So if you enter into a limited scope of representation agreement with the lawyer, they will be screwed because you do not have to appear at trial. They will not have a case if you are not in court and they cannot question you it could be better for you.

The real problem at trial, is a pro per because they are forced to be there get called as a witness in a last ditch effort by plaintiff's to try to get the pro per to admit the debt.

Most courts allow limited scope representation so it might be good one to get attorneys fees, two to deny them calling you as a witness, and three the look on their face when their case falls apart.

So I would think about that.

as always I highly reccomend that in cases where spouses are involved that they be brought into the discussions here. It is all well and good for one spouse to be strengthened by the board but without the other spouse being upto speed the other spouse becomes a weak ppoint in the case because the judge will see they do not have the knowledge that the paperwork in the case shows and could make it tough for the court to determine issues or maybe even result in a split decision ie one spouse wins and one doesn't.

so I openly invite your spouse to the board

also contacting an attorney for trial representation will pay off dividends.

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The card was issued by the credit union though I don't have the agreement.

I am requesting the agreement in my admissions request so i can see if there is a provision for them to convert to an installment loan. If that is what they did, they have to prove that when we signed for the visa.

It's a local credit union and i haven't been able to locate an agreement online like the major cc.'s.

I just find it strange that if it's common practice to convert the loan, why do they keep referring to the visa acct. when it's closed, and not pound me on the installment loan, they are 2 different acct. numbers?

The lawsuit has the installment loan acct # on it, but everything else in the admissions referrs to the visa acct.

I am denying everything when referring to the visa acct. it's closed and paid.

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I was in the process of looking for an atty to help me with this, also I have contacted a BK atty, met with him and as a last resort I would go that route.

I have 3 more cards that have been sold to JDB's,{each, more than once}. So BK is my last resort if I lose. I have alot more confidence in fighting off these.

Money is a little tight, so I am going to fight this. I would be willing to settle for about 1k to end this {amount is about 4k} I also have the FDCPA charges from the law firm calling me appx. 10 times 2 months after I dv'd them with a no call request.{ i have saved voice messages and copies of my incoming phone calls.

I have sat in a couple of court cases to get a feel what's going on and the Judge has asked the litigants if they tried to settle during pre-trial. I guess I might offer a settlement then.

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My guess is that the credit union paid the Visa debt as part of their agreement with Visa / Mastercard. Then they get to pass it on to you via the installment loan. Where is the credit union? You said it is local. Drop by their office and ask for some paperwork, or ask someone if they do this sort of thing.

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The credit card had the visa logo on it but the credit union had their name on it.

I'm pretty ignorant when it comes to the logo's and such, forgive me.

So are you saying that Visa or Mastercard are in itself companies that extend the financing of a card with their logo?

Sorry if that is a dumb question, I was always under the assumption that the banks funded the cards.

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Visa / Mastercard is as I recall a publicly traded company. Banks issue the cards pursuant to a contract with Visa. They may be issued by Citibank, Bank of America, etc. Credit Unions are also in on this. They divvy up the interest, but the issuing bank takes the liability. Sometimes they protect themselves with a contract like your card seems to have. Drop by the credit union office, you'll get more info there than here, we have no clue what you signed.

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What I asked for is a copy of the credit card agreement. I was told that the agreement's are given out when opening a new acct.

I am requesting it in admissions. To me, If there is no mention of being allowed to open an installment loan if acct. defaults, It sure gives me alot more arguments.

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Now for a little more help..

In my response to the law firm for Request for admissions, I pretty much have responded to all.

Now comes my wife, I handle all the money issues {apparently, not so well}

so when The visa was signed all I did was tell her to sign this and she did.

I told her what that it was a visa card, and that was about it.

The admission questions to her are the same as mine, and since she has no clue about any of this, which is 100% true, can she just write that she denies based on lack of knowledge of the questions that relate to the acct?

I feel that if we do go to court, they will try to trip her up, especially since she doesn't know the peticulars of the acct. that way, she can answer that she has no knowledge of this. I mean she signed the visa acct jointly and the rest was all on me,

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