[Taukame]

I have to go to court tomorrow because of a credit card that I was not sure belonged to me. I was there about three weeks ago and I told the lawyer for the credit card company that I was not sure that this was my debt. He postponed until tomorrow. What I want to know is, will I have to pay all of this at once, and can they take the money from my bank account? The only money I have in the bank is the money I use to pay my bills. If that money is taken I won't have any money to live.
I have been is school and have not really been working regularly for the past several years. I can't do anymore overtime at work, due to the conflicts it would cause with me going to school and sleeping. I'm not really sure what I should do right now. Any advice would be greatly appreciated. Thanks

[RichardBondMan]

I am having trouble understanding you, sorry but here's my point of view from my perspective, I know what debt is mine and what is not. You do not know if this is your debt or someone else's ? If it is not your debt, then, of course, deny it, refuse to pay (might consult an attorney also before you go back to court). Same is true if you know it is your debt, don't deny it of course, just consult an attorney as they know what relief you are entitled to, in any, but under no circumstances should you neglect attending court or disregarding the matter.

[Taukame]

I don't know if it is mine because it comes from a bank I have never used. I don't know whether it was purchased by some other company or not. I know that I had one credit card that went to collections but the amount on this one is not the same as the one I'm being sued for. Sorry, I should have explained that.
But, what I really want to know is if they can take the money from my bank account? All I have is the one checking account with just enough to cover my bills and to get back and forth to work, and school.

[mr.yet]

First take the money out of the bank, second, when you go to court ask them to produce the original contract with your signuature on it, if no contract, there can to no suit.

[Taukame]

mr.yet, I just got back from court. The lawyer was supposed to get proof that this was my debt and he said he didn't have it with him. He then asked me if I wanted to settle or something like that. I told him no. He said he didn't want to me to have to keep coming back. I told him neither did I. I then had to wait a couple of minutes and then he postponed in until Jan. He said this time we would go to trial. I said okay and I left.
So, thanks for your help. Now I have time to get some more information and maybe get a lawyer to help me.
Thanks again.

[ScottGem]

You may not need a lawyer. The lawyer for the card company should present you with proof of the debt BEFORE you go into a courtroom. Send the lawyer a certified letter stating that you expect to receive proof of the debt at least 30 days prior to the next court date. Tell him that unless you do receive the proof in that time, you will ask the judge to dismiss the case.

If you do get the proof and this is a debt you incurred then offer to settle. If you can prove that the debt is noty yours, inform the lawyer of that fact. And ask him to drop the suit.

[RichardBondMan]

I like the answers you got from others, i.e.. Either ask the lawyer for the cc company to produce proof that you signed a contract or other hard evidence, no contract or evidence or other proof, then any judge will dismiss the case.

[Taukame]

I Just got back from court, and I won my case because the lawyer didn't show up. But the Judge said that I won for today, but the lawyer can file an appeal to have the case reopened.
I have been to court three times all ready, the last two times the lawyer was supposed to bring proof that this was my debt. He didn't bring it and it had to rescheduled. I can't keep taking off from work to go sit for an hour so that I can be told again that they don't have the proof I asked them for.
Is there a certain number of times a case can be postponed while the lawyer looks for information?

[ScottGem]

Next time ask the judge to dismiss the case.

[mr.yet]

NExt time ask court ot dismiss with prejudice, that way it can not be reopened.

[Taukame]

Scottgem, and mr.yet, I have to spread some reputation around, but I really appreciate your help. Hopefully, it won't come up again, but if it does, at least I know what to do.