being sued for fradulent account

[Gum_Drop]

What is the name of your state? LA

In 2004 2 credit cards were opened in my hubbys name. The address the CC went to was our address, but they were sent 2 months after we Moved. (learned this in hindsight)

In 2006 we decided to purchase our home, and started the process, and the Mortgage broker, was the one who told us of the bad debts.

We hadnt needed to access his credit, as prior to those cards, we had just gotten a new car, Just moved, and we only allowed ourselves 1 credit card.

In the 2 years since the opening of the accounts, until we found them on his CR, we never received any bills, or demands for payment.

After some digging on my own, I found out the above information,
I then sent a certified letter to the 2 CC's, First USA bank, and Wash. Mutual. stating that these accounts were fradulent.

I received a letter from WM, stating that they investigated the claim of fraud, and found it to be a forged application, and dismissed the debt.

I never receieved any thing from First USA Bank, the charge was just dismissed from his credit report.

We were able to purchase our home.

My husband was served papers yesterday for the First USA bank Debt. That had been sold to a collection agency.

In April of this year, I received a letter from the Collection agency, and I called and explained the situation, they said they would request details from First USA bank.

From my findings yesterday, First USA bank sold this account to UniFund in Dec. 2006

Unifund then sold it to the current collection agency/law office, in Feb 2007

I have no proof of anything, as no police reports were filed. Only thing I do have is the orginal letter from Wash. Mutual, stating they too investigated a claim of fraud, for cards issued around the same time, and found that it was a forged application.

I need to answer the petition in 15 days.

The petition is for Request for admissions of fact

It asks 8 questions. Is this what I need to return to the court in 15 days?


Thanks for any help you may be able to give on this matter.

[Debt Guy]

You should have filed a police report. Spilt milk but it would have made this problem oh so easy.

What you have is called an interrogatory and admissions. Generally, each question can be answered with one of three answers -- deny -- admit -- without sufficient knowledge to answer. You may need to attach whatever documents you have.

You need to call the courthouse to ask about local procedures for your reply to the interrogatories. Usually, they are not filed with the court but are mailed directly to the creditor's attorney along with a certificate of mailing. You might be able to download the local rules from the court website.

If you have not, you must file a response with the court in regards to the original summons and complaint. Your response should be a general denial and here is where you explain about the fraud.

Also, I think it would be prudent for your to conduct your own discovery and interrogatory. Use theirs as a "go-by". Basically, you need to make them prove that you owe the debt. Right now you are giving them a free pass. You need to demand that they produce evidence that you owe the debt.

If you cannot afford an attorney you need to get yourself to studying right away. Otherwise, you are going to lose and they will take your toys away.