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    Rexnyc's Avatar
    Rexnyc Posts: 2, Reputation: 1
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    #1

    Jun 14, 2007, 02:26 PM
    Proof of Credit Card Debt
    I am being sued for credit card debt in the NYC civil courts for $17K+. However, I am not exactly sure if the card is mine. I am going to ask the collection company (which also happens to be a law firm) for proof that the credit card is mine. My questions is in court do I need a signed application for the card? What if it was a credit card that I signed up for online or over the phone and the lawyer says that was how I got the credit card, then what? I'm not sure how the court looks at online and phone applications can anyone shed some light one this?

    Thank you for your help.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Jun 15, 2007, 03:49 AM
    Send a discovery to them, request the original contract you allegelly sign, request, complete accounting of this alleged account and what ever else you may need.

    By requesting discovery they must comply or they will have a problem in court.
    Now when in court, if only the attorney show up, move the court to dismiss the case for lack of jurisdiction ove the parties.
    ATTORNEY CANNOT TESTIFY FOR THEIR CLIENT, THE PLAINTIFF MUST BE PRESENT IN THE COURT.
    Rexnyc's Avatar
    Rexnyc Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jun 15, 2007, 09:00 AM
    Thank you so much Mr. Yet. I am going to do that. Do you know if I need a lawyer to request a discovery? Is it just a simple letter that I can send certified mail? Also, how long should I give them to get the discovery to me? NYC usually gives your court date 3 weeks after your answer, so time is of the essence. I guess I should ask for the discovery before I answer the summons. Thanks again for your help, you rock! I am going to look up on how to write a discovery letter to a lawyer now.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #4

    Jun 15, 2007, 09:05 AM
    You can most likely can lookup the court rules for discovery online for your state, simply follow their guideline in the rule and mail to the plaintiff or plaintiff's attorney.

    They know if you do that they have to comply.
    bettybroadbent's Avatar
    bettybroadbent Posts: 1, Reputation: 1
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    #5

    Jul 5, 2007, 11:45 AM
    Forster and Garbus?
    Don't even bother asking them for any documentation - they don't respond on paper. They wouldn't even give me the court papers they filed nor the case/docket number.

    ***Send all your communication in wiriting and by certified mail with a return receipt.***

    Answer the summons with a request for discovery - that's what someone told me, but of course, I can't respond to the summons since they continue to send it to an address I vacated over a year and a half ago.
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