I am being sued by a collection agency for Chase Bank.
I never had a Chase credit card, but did have a old Bank One Credit Card. Chase & Bank One merged and the account number on court papers if for the Bank One card.

What do I say in court when asked if the Chase debt is mine?
What if they can't show a actual signed contract with Chase Bank on it?

Thanks

It depends, obviously you are admitting you had a credit card and must owe the money?

What is the SOL, how long has it been since you have made any payments.

Have they already filed for a law suit and have you been served

I closed the Bank One account in 2006 and kept paying on it, then after a few months I realized I haven't received a statement for 2 months, and I also couldn't log into my account anymore. Then about a week later I get letter saying I am late paying and also my APR went up to 22%
When I called them they said they couldn't do anything for me because I closed my account. So I decided to stop paying them anything, yeah I know that was stupid but at the time is was like a I will show them.

I was served and will be going to court soon, and I plan on saying I did not have a Chase credit card when they ask me, and I will tell them I need to see a contract that I signed for a chase card. This account was also sold 3 times in one year and now is $1200 more then what my balance was when I stopped paying. I lost my job 12/08 and only have 6 weeks of unemployment left which makes things even worse.

I plan on saying I did not have a Chase credit card when they ask me,Hello n:

You will be sworn to tell the truth. If you lie, you are committing perjury. That's a felony punishable by time in the slam.. If it were ME, I wouldn't risk time in the slam for a few bucks.

excon

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is


You already know the debt is yours. The fact that it was purchased or turned over makes no difference. Chase does not have to prove it's your card. If you made payments on it - which you say you did - you have admitted that it's your account.

The time to make the argument that it's not your account was when you got the first bill from Chase. You would have lost the argument, of course, but you could have inconvenienced Chase, if that's your plan.

Mortgage companies turn over, change names, are purchased all the time. That doesn't mean people get their house for free. Same thing here.

My first thought was to work out a payment plan with judge listening. But how does a person with no job and just 6 weeks of unemployment left do that? I live in a state with a very high unemployment rate

Hello again, n:

IF you're going to work out a payment plan, then I'd try to do it before you go to court. Court is expensive, and they're going to add those charges on to what you owe, plus court costs and fees... So, it'll cost you a lot LESS to do it now, if you can do it at all.

Or, if you can possibly come up with some cash, I'll bet you can settle the debt for $.25 on the dollar.

excon

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money


Then let them get the Judgment against you (I don't see that you have a defense, anyway). They can take the money in your bank account so you have to keep that in mind.

When you have a job and assets, then they will collect on the Judgment.

I really did want to make payment plan but only in front of a judge so I don't get screwed like a lot of people mentioned in other threads I read. I find it hard to believe that you would give your money to collection agency instead of using it to pay rent & buy food. Like I said when that money is gone and my unemployment runs out I will have nothing. Most of my friends worked at the same company I did, so it's not like I can just move in with a friend for a while. Recently a hotel in my city had 700 people apply for 4 part time openings, that's how bad it is here.
Yes it is my own fault I got in this mess with the credit card, and if I still had my job I would have took the offer the collection agency gave be they decided to sue.

First, you are approaching this incorrectly. Your answer should be:

"I can neither affirm nor deny this debt until they have provided verification that I opened this account."

Second, a judge will not work out a payment plan. That's not their job. Their job is to rule on the merits of the case. If a mediation hearing is scheduled you can try and work out a plan with the mediator, but only after they verify the debt.


But if they verify the debt, you will lose and they will get a judgement. On the other hand you may be judgement proof so it won't matter.

Thank's Scott for the best reply so far.

First, you are approaching this incorrectly. Your answer should be:

"I can neither affirm nor deny this debt until they have provided verification that I opened this account."

Second, a judge will not work out a payment plan. That's not their job. Their job is to rule on the merits of the case. If a mediation hearing is scheduled you can try and work out a plan with the mediator, but only after they verify the debt.


But if they verify the debt, you will lose and they will get a judgement. On the other hand you may be judgement proof so it won't matter.



Slight disagreement with Scott - I don't see OP to be Judgment proof. Maybe at this time (as I said) but not forever. He has money in the bank which can be liened and hopefully at some point in time will have some assets. Of course, maybe you meant "judgment proof for now."

I meant for now.

I meant for now.



So I figured - as long as that money is not in the bank account.

The money is out now.
I will be in court Monday, and will update when I get home.

Was in court today and I said "Deny" when Judge asked if I affirm nor deny this debt.
I then asked to see contact I signed and they did not have anything there.
Not sure who the other guy was in the room with me & the judge, seemed to nice to be a lawyer for collection agency, he said he will see if "they" have it, and if not I will never have to worry about this again.
I go back to court in 8 weeks, not sure why they give them so much time so find contract, unless judges schedule is filled until then.

A round of applause - hopefully your experience will be helpful to someone else.

Out of curiosity (and maybe you gave this info already. If so, I apologize) but what State? Here in NY the Judge's line is "you used the card, you signed for the purchases, you owe the debt." Just curious.

I am in Brown County in WI.
When I lost my job I used 70% of my Severance pay to payoff every bill & credit card I had. (Thinking I would find another job real quick)
I now have zero balance on everything for over about 10 months now. I know that means nothing in this situation, but I just wanted to mention that. Sure wish I had the offer from the collection agency when I still had money to give.
If they do find original contract I hope I can work out some deal for when I do find a job, sure don't want to give them 30% of my pay after taxes, which is what it is in WI. Also having a judgement on my record could make it harder to find a job.

Today the lawyer for collection agency sent me copies of statements from 2006 & 2007, there are no purchases or payments made.
They want me to call and discuss repayment.
These copies of statements are not verification that I opened this account are they? What about the contract they promised at my hearing?

No, this is not proof you opened the account. I would respond to them to that affect. State that the documentation does not provide any proof that this is your account. It only shows that statements were sent to you that show no activity.

Tell them you are willing to discuss a settlement if they can prove you opened this account.

Thanks for the quick reply Scott.
Can I just mail them a short note, So when they reply I will have some proof I did contact them about this?
Or what about waiting for my next court date and showing the judge what they sent?

No, send them a letter and send a copy to the court.

Thanks again
I will keep you updated.

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

I'm slightly confused by this. I honestly don't see how you can get out of this just by saying you didn't have a "Chase" card; JP Morgan Chase bought out Bank One which is why Chase is now suing you - Bank One doesn't exist any longer.

I also don't see you getting off the hook just because they only sent you statements from '06 & '07. You made payments on the account, which I would find to be acknowledgement of debt. I don't see how them having or not having a signed document from you would prove much of anything. You used the card and made payments on it in the past and never questioned the "validity" of it until you couldn't afford it any longer.

EDIT: Just out of curiosity, who is actually suing you? Is it Chase or is it the collection agency you continue to mention?

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.


My suggestion would be that you pick a forum you like and only post there, take that advice - you are apparently wasting people's time here and somewhere else. You have posted bits and pieces of information a total of 16 times on this board alone.

If you want a binding legal opinion, of course, retain an Attorney.

You are mixing emotion (why would someone pay a Judgment instead of buying food) and the law instead of focusing on the subject at hand. Scott has given you very good advice. Take it.

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

A copy of a statement showing purchases AND payments might be considered proof. If the statements went to a valid address and payments were received, that can be construed as an acknowledgement of the account. Statements with no activity wouldn't be.

Secondly, who here said they were an attorney? I don't know about the other sites, but I don't believe anyone responding here said they were a member of the Bar. Of course not being a member of the Bar does not mean that one does not know the law or how to research the law. Many people have to know the law as it pertains to their business.