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    Anabell's Avatar
    Anabell Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 9, 2007, 08:02 PM
    What documentation of a debt am I entitled to?
    I am a defendant in a small claims case. It is for a credit card that they say I owe a about $1,000 - I'm not sure this is valid. The only proof of the debt they have shown me so far is a printout with my name on it, account number and a running total. Can I ask for the original signed contract, copies of transactions and who they were with? I'm not sure what documentation I can get from them. If I ask for documentation that they cannot provide, what will happen? I do know that I have to file a motion to ask for documents.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Oct 10, 2007, 05:41 AM
    I would file for anything you can. If they're claiming you owe them money, they need proof to back it up and they have to provide you with that proof if you request it. The court might determine what is necessary for you to have.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 10, 2007, 07:23 AM
    You are entitled to ta copy of the opriginal contract or application with your signature on it and a record of all transacations.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #4

    Oct 10, 2007, 07:32 AM
    Remember to not acknowledge the debt or agree to make any payments at this point. You should check the Statute of Limitations in your state to see if it has expired. You could possibly be home free but not if you acknowledge the debt, that restarts the statute.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Oct 10, 2007, 07:44 AM
    In some areas an acknowledgement of the debt restarts the SOL clock. In others it can only be restartied with some actual account activity.

    But even if the SOL has expired you are not "home free". The SOL only governs the creditor's ability to see a legal remedy through the court system. The actual obligation to pay never expires nor does the creditor's ability to try and collect. It only changes the methods they can use to collect.
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