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    Jacob One's Avatar
    Jacob One Posts: 1, Reputation: 1
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    #1

    Jul 12, 2007, 03:20 PM
    Being sued for credit card I don't own
    What's the best way to handle being sued for a mastercard I've never own and never heard of?
    atlmiss's Avatar
    atlmiss Posts: 24, Reputation: 1
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    #2

    Jul 12, 2007, 04:02 PM
    Hi Jacob,
    If you've been served a summons, you have to answer it, file your INTENT TO DEFEND. Do this within the time frame they give you. This you must do in order to defend yourself, otherwise they will try to get a default judgement!

    Then send them a letter of debt validation certified mail and ask them for strict proof of the debt. Since you don't own the card or the debt, chances are they won't have this. And they have to validate your debt.And when you get your court date,show up to court! Unfortunately you will have to do this, it's a pain yes, but do it. Or they will win. Deny all, Ask for the contract you signed, ask for full debt/payment history, and make sure the plaintiff is in court. They have to prove you own the debt!

    I just went through being sued in small claims/magistrate and won on the basis of lack of contract , evidence and above all lack of plaintiff. Though I did own the card at one point, I was being sued for a very improper amount. You can search for my other posts and get loads of great advice given by some of the experts here as well as well as some starting points for your intent to defend statement and debt validation letter. Everyone here is very helpful.

    Another site which educated me on fair debt collection practices was:
    Fair Debt Collection Practices Act - You can Fight Back!
    And
    How to Beat a Collection Lawsuit Not Pay Your Debt or Beat a Collection Suit

    Good luck!

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