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JudyKayTee · Dec 21, 2009, 04:38 PM

A round of applause - hopefully your experience will be helpful to someone else.

Out of curiosity (and maybe you gave this info already. If so, I apologize) but what State? Here in NY the Judge's line is "you used the card, you signed for the purchases, you owe the debt." Just curious.

nfiatt · Dec 21, 2009, 05:20 PM

I am in Brown County in WI.
When I lost my job I used 70% of my Severance pay to payoff every bill & credit card I had. (Thinking I would find another job real quick)
I now have zero balance on everything for over about 10 months now. I know that means nothing in this situation, but I just wanted to mention that. Sure wish I had the offer from the collection agency when I still had money to give.
If they do find original contract I hope I can work out some deal for when I do find a job, sure don't want to give them 30% of my pay after taxes, which is what it is in WI. Also having a judgement on my record could make it harder to find a job.

nfiatt · Dec 26, 2009, 02:41 PM

Today the lawyer for collection agency sent me copies of statements from 2006 & 2007, there are no purchases or payments made.
They want me to call and discuss repayment.
These copies of statements are not verification that I opened this account are they? What about the contract they promised at my hearing?

ScottGem · Dec 26, 2009, 03:11 PM

No, this is not proof you opened the account. I would respond to them to that affect. State that the documentation does not provide any proof that this is your account. It only shows that statements were sent to you that show no activity.

Tell them you are willing to discuss a settlement if they can prove you opened this account.

nfiatt · Dec 26, 2009, 03:22 PM

Thanks for the quick reply Scott.
Can I just mail them a short note, So when they reply I will have some proof I did contact them about this?
Or what about waiting for my next court date and showing the judge what they sent?

ScottGem · Dec 26, 2009, 03:25 PM

No, send them a letter and send a copy to the court.

nfiatt · Dec 26, 2009, 03:37 PM

Thanks again
I will keep you updated.

nfiatt · Jan 3, 2010, 07:45 PM

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

this8384 · Jan 4, 2010, 08:37 AM

Originally Posted by nfiatt

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

I'm slightly confused by this. I honestly don't see how you can get out of this just by saying you didn't have a "Chase" card; JP Morgan Chase bought out Bank One which is why Chase is now suing you - Bank One doesn't exist any longer.

I also don't see you getting off the hook just because they only sent you statements from '06 & '07. You made payments on the account, which I would find to be acknowledgement of debt. I don't see how them having or not having a signed document from you would prove much of anything. You used the card and made payments on it in the past and never questioned the "validity" of it until you couldn't afford it any longer.

EDIT: Just out of curiosity, who is actually suing you? Is it Chase or is it the collection agency you continue to mention?

JudyKayTee · Jan 4, 2010, 09:01 AM

Originally Posted by nfiatt

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

My suggestion would be that you pick a forum you like and only post there, take that advice - you are apparently wasting people's time here and somewhere else. You have posted bits and pieces of information a total of 16 times on this board alone.

If you want a binding legal opinion, of course, retain an Attorney.

You are mixing emotion (why would someone pay a Judgment instead of buying food) and the law instead of focusing on the subject at hand. Scott has given you very good advice. Take it.

ScottGem · Jan 4, 2010, 09:21 AM

Originally Posted by nfiatt

Looking at some other forums and they say copies of statements are proof. Sure is a lot of different answers out there from people who say they are lawyers.

A copy of a statement showing purchases AND payments might be considered proof. If the statements went to a valid address and payments were received, that can be construed as an acknowledgement of the account. Statements with no activity wouldn't be.

Secondly, who here said they were an attorney? I don't know about the other sites, but I don't believe anyone responding here said they were a member of the Bar. Of course not being a member of the Bar does not mean that one does not know the law or how to research the law. Many people have to know the law as it pertains to their business.