[dounome]

Hi, I am new to the site and I have read previous questions and ans. Concerning being sued by credit card co. but I am still confused about what I need to do. My situation is rather confusing, and I am sure it will appear unbelievable when I present it to anyone. A couple of weeks ago I was contacted by a friend who was staying in my condo that a deputy had come by looking for me and left a # for me to call. I called and was informed that he had a summons for me to pick up... he said no hurry.. it's from some credit card co. So I finally drove 125 miles to pick it up today and it was from Cap. One, saying I was being sued for an amt of $7600 plus interest, plus court & attorney fees. I am not denying that it is a valid charge, and I don't have a problem in trying to come to terms on a reasonable settlement. Ok here is the story, several years ago when I quit working I gave my credit cards to my hubby to cut and pay off (he handles all bills) I honestly thought he had paid everything off. We move with his job and have moved to 14 states in the past 10 years. I can honestly say to you I never received any bills from them, a collection agency, or attorney... until this summons. OK, the card was in my name only, I don't work, I have no income, we have a small condo which my name may be on, can they come back on my husband?
They say I have 20 calendar days to respond to the clerk of the court and a copy to their attorney. My husband won't hire me an attorney.. so I am lost. Can I contact their attorney and see if we can work something out? Or what do I do? Also I pulled up my credit report and this isn't even listed... I have nothing negative on there. All it shows is the Amex that I currently carry... so I am not even sure when I defaulted, but I think it was at least 3 yrs ago. I currently live in FL.
Sorry this is so long... thanks for any help.

[HelenAg]

As far as I know if you are married and your spouse had cards in his or her name only, the other spouse is responsible for those debts as well. I would suggest you try Consumer Credit Counseling to help you out of this. They are probably in your phone book. Very reputable. Good luck HelenAg

[LadyB]

You need to answer the summons, and show up for court or they will get a default judgment against you. With a judgment they can attach bank accounts and put liens on your condo unless you are "judgment proof" some info here Judgment Proof Notification Letter. If nothing else the judge may order mediation/negotiation and that would be court supervised and reviewed, rather than just you and their attorneys on the phone... they may be more reasonable that way.

Explain to your husband that an attorney will probably cost less than a judgment, and check the attorney listings National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys and try to at least get a consultation to help you respond to the summons .

Also, pull your husband's credit reports. You may be surprised at how different they are, and what shows up on who's credit reports.

[dounome]

We did pull both credit reports last night. It doesn't show on his either. We have only been married 7 years... so everything that shows on his is his.

[ScottGem]

Ok first, HelenAg is only partially correct. In some states, particularly community property states, a spouse is responsible for debts incurred after being married. But that's not true of all states.

Second, LadyB is correct that you MUST answer the summons. If you have read many of the other threads about this, you should know that you have to file a Notice of Intent to defend with the court requesting a hearing. You then send a copy of your answer to the plaintiff with a request for verification of the debt. In that letter you can suggest that you would be open to negotiating a settlement once they verify the debt.

Once you get verification you need to determine if legal action over the debt hasn't expired under the Statute of Limitations. All this can be done without an attorney.

If the plaintiff does not provide sufficient verification, which would include a copy of the original contract with your signature and an accouting of the charges, then you go into the hearing asking for a dismissal.

[dounome]

Thank you. One more stupid question. If this isn't on my credit report, how can I find out when it was defaulted on and the SOL

[LadyB]

Thank you. One more stupid question. If this isn't on my credit report, how can I find out when it was defaulted on and the SOL

This should be what the debt verification shows, all account transactions and activity and the date of the last payment/activity. The statute of limitations in FL is 4 years (this can be tricky though. I was sued under an "account stated" theory rather than open account, which has a longer statute in my state). What is the exact wording of the complaint on the summons?

Hopefully someone here can post a sample letter of the intent to defend and debt verification demand.

[dounome]

Thanks again. And please if someone can post the sample letter I would greatly appreciate it.

[ScottGem]

Its very simple

Please accept this as Notice of my intent to defend against the charges listed in <insert info from summons, court, docket, etc.>. Please schedule a hearing on this issue.

[LadyB]

Here is a sample validation letter Sample Debt Validation Letter for Debt Collection you need to change the wording a bit to fit your situation

[dounome]

Thanks for your help