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nfiatt · Dec 17, 2009, 02:03 PM

I am being sued by a collection agency for Chase Bank.
I never had a Chase credit card, but did have a old Bank One Credit Card. Chase & Bank One merged and the account number on court papers if for the Bank One card.

What do I say in court when asked if the Chase debt is mine?
What if they can't show a actual signed contract with Chase Bank on it?

Thanks

Fr_Chuck · Dec 17, 2009, 06:01 PM

It depends, obviously you are admitting you had a credit card and must owe the money?

What is the SOL, how long has it been since you have made any payments.

Have they already filed for a law suit and have you been served

nfiatt · Dec 17, 2009, 07:43 PM

I closed the Bank One account in 2006 and kept paying on it, then after a few months I realized I haven't received a statement for 2 months, and I also couldn't log into my account anymore. Then about a week later I get letter saying I am late paying and also my APR went up to 22%
When I called them they said they couldn't do anything for me because I closed my account. So I decided to stop paying them anything, yeah I know that was stupid but at the time is was like a I will show them.

I was served and will be going to court soon, and I plan on saying I did not have a Chase credit card when they ask me, and I will tell them I need to see a contract that I signed for a chase card. This account was also sold 3 times in one year and now is $1200 more then what my balance was when I stopped paying. I lost my job 12/08 and only have 6 weeks of unemployment left which makes things even worse.

excon · Dec 18, 2009, 07:18 AM

Originally Posted by nfiatt

I plan on saying I did not have a Chase credit card when they ask me,

Hello n:

You will be sworn to tell the truth. If you lie, you are committing perjury. That's a felony punishable by time in the slam.. If it were ME, I wouldn't risk time in the slam for a few bucks.

excon

nfiatt · Dec 18, 2009, 01:15 PM

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is

nfiatt · Dec 18, 2009, 01:15 PM

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is

JudyKayTee · Dec 19, 2009, 10:18 AM

Originally Posted by nfiatt

Not lying if I answer the question "Is the "Chase" Visa debt mine".
"I never had a "Chase Visa"
They will have to show proof it is

You already know the debt is yours. The fact that it was purchased or turned over makes no difference. Chase does not have to prove it's your card. If you made payments on it - which you say you did - you have admitted that it's your account.

The time to make the argument that it's not your account was when you got the first bill from Chase. You would have lost the argument, of course, but you could have inconvenienced Chase, if that's your plan.

Mortgage companies turn over, change names, are purchased all the time. That doesn't mean people get their house for free. Same thing here.

nfiatt · Dec 19, 2009, 10:42 PM

My first thought was to work out a payment plan with judge listening. But how does a person with no job and just 6 weeks of unemployment left do that? I live in a state with a very high unemployment rate

excon · Dec 20, 2009, 06:44 AM

Hello again, n:

IF you're going to work out a payment plan, then I'd try to do it before you go to court. Court is expensive, and they're going to add those charges on to what you owe, plus court costs and fees... So, it'll cost you a lot LESS to do it now, if you can do it at all.

Or, if you can possibly come up with some cash, I'll bet you can settle the debt for $.25 on the dollar.

excon

nfiatt · Dec 20, 2009, 09:19 AM

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money

nfiatt · Dec 20, 2009, 09:19 AM

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money

JudyKayTee · Dec 20, 2009, 09:46 AM

Originally Posted by nfiatt

Problem is I been out of work for a year and unemployment is running out, I have about $1400 in the bank and no car, When that money is gone I am screwed, Can't make payment plan with no job or money

Then let them get the Judgment against you (I don't see that you have a defense, anyway). They can take the money in your bank account so you have to keep that in mind.

When you have a job and assets, then they will collect on the Judgment.

nfiatt · Dec 20, 2009, 10:56 AM

I really did want to make payment plan but only in front of a judge so I don't get screwed like a lot of people mentioned in other threads I read. I find it hard to believe that you would give your money to collection agency instead of using it to pay rent & buy food. Like I said when that money is gone and my unemployment runs out I will have nothing. Most of my friends worked at the same company I did, so it's not like I can just move in with a friend for a while. Recently a hotel in my city had 700 people apply for 4 part time openings, that's how bad it is here.
Yes it is my own fault I got in this mess with the credit card, and if I still had my job I would have took the offer the collection agency gave be they decided to sue.

ScottGem · Dec 20, 2009, 11:36 AM

First, you are approaching this incorrectly. Your answer should be:

"I can neither affirm nor deny this debt until they have provided verification that I opened this account."

Second, a judge will not work out a payment plan. That's not their job. Their job is to rule on the merits of the case. If a mediation hearing is scheduled you can try and work out a plan with the mediator, but only after they verify the debt.

But if they verify the debt, you will lose and they will get a judgement. On the other hand you may be judgement proof so it won't matter.

nfiatt · Dec 20, 2009, 11:46 AM

Thank's Scott for the best reply so far.

JudyKayTee · Dec 20, 2009, 12:44 PM

Originally Posted by ScottGem

First, you are approaching this incorrectly. Your answer should be:

"I can neither affirm nor deny this debt until they have provided verification that I opened this account."

Second, a judge will not work out a payment plan. That's not their job. Their job is to rule on the merits of the case. If a mediation hearing is scheduled you can try and work out a plan with the mediator, but only after they verify the debt.

But if they verify the debt, you will lose and they will get a judgement. On the other hand you may be judgement proof so it won't matter.

Slight disagreement with Scott - I don't see OP to be Judgment proof. Maybe at this time (as I said) but not forever. He has money in the bank which can be liened and hopefully at some point in time will have some assets. Of course, maybe you meant "judgment proof for now."

ScottGem · Dec 20, 2009, 12:58 PM

I meant for now.

JudyKayTee · Dec 20, 2009, 02:28 PM

Originally Posted by ScottGem

I meant for now.

So I figured - as long as that money is not in the bank account.

nfiatt · Dec 20, 2009, 10:09 PM

The money is out now.
I will be in court Monday, and will update when I get home.

nfiatt · Dec 21, 2009, 12:38 PM

Was in court today and I said "Deny" when Judge asked if I affirm nor deny this debt.
I then asked to see contact I signed and they did not have anything there.
Not sure who the other guy was in the room with me & the judge, seemed to nice to be a lawyer for collection agency, he said he will see if "they" have it, and if not I will never have to worry about this again.
I go back to court in 8 weeks, not sure why they give them so much time so find contract, unless judges schedule is filled until then.