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Derrick6
Apr 13, 2013, 09:45 AM
I received a summons to appear in court from a company I have never heard of.
They're the final transferee of a credit card company I opened in 2005. The last time I spoke to the credit card company was in 2008 when they told me over the phone "this will be the last payment". Well I bought that hook,line and sinker because I haven't heard anything until now considering the card was cancelled. I looked at my credit report and the card was closed in 2008.
Now here comes this summons claiming I owe over $1000. Never heard of this Collection company. I know I must appear but what should I expect when I go to court and most importantly what would be the best way to defend this "alleged debt"? Thank you in advance I received letters from bankruptcy attorneys about debt consolidation and so forth but I thought it was innocent until proven guilty and not the other way around.
Thanks

JudyKayTee
Apr 13, 2013, 10:16 AM
I don't know how "innocent until proven guilty" enters into this. There isn't a Judgment against, you, right? Just an attempt to collect.
For that matter I could sue you for a made up debt.

The last payment was in 2008? What State or Country? It's possible that the Statute has expired.

Whether you've ever heard of the collection company is immaterial. If they have purchased the debt or are authorized to collect, they can proceed against you.

File your answer or appear - I don't know where you are or what Court, probably Small Claims - ? - and ask for proof of the debt. And, yes, if you didn't get it in writing you can't prove all is forgiven.

ScottGem
Apr 13, 2013, 11:53 AM
Innocent until proven guilty refers to criminal cases, not civil. In civil cases, the plaintiff must prove their case.

You answer the summons with an intent to defend and send the plaintiff a request for all documentation of the debt. Don't be surprised if they don't send prior to the court date.

At court, unless they can prove you owe, then you ask for a dismissal.

Derrick6
Apr 13, 2013, 05:58 PM
Point taken. The whole "innocent until proven guilty" was way out of line. The entire summons scene was dramatic with the officer banging on my door as if I was a criminal. Just feels weird that this summons came out of nowhere and the bankruptcy attorneys are coming out of the wood work. I know they're just doing their job. I live in Chicago, Illinois to answer JudyKayTee question. Thanks

Derrick6
Apr 13, 2013, 06:04 PM
Thanks Scott appreciate your input.