civil suit on old credit card HELP

[beachgirlcinde]

What is the name of your state?Tennessee

I am being served with papers from a credit card debt around 1996-2000 that I did not use. I purchased a house with ex boyfriend and someone in that house charged up about 10 cards in my name. I did not find out until 1998 and they threatened me back then and scared me that I had to pay so I did for 2 yrs. I then found out since I did report it was not mine that I was not liable so I quit paying around 2000. Now my credit has been awful but why am I getting civil suit now?

I lost my job Feb 2005 and my father is very ill and i'm his caretaker right now. I don't even have a job or any income, I do not own anything...please help me!!!!!

[seniorjudge]

Originally Posted by beachgirlcinde

What is the name of your state?Tennessee

I am being served with papers from a credit card debt around 1996-2000 that I did not use. I purchased a house with ex boyfriend and someone in that house charged up about 10 cards in my name. I did not find out until 1998 and they threatened me back then and scared me that I had to pay so I did for 2 yrs. I then found out since I did report it was not mine that I was not liable so I quit paying around 2000. Now my credit has been awful but why am I getting civil suit now?

I lost my job Feb 2005 and my father is very ill and i'm his caretaker right now. I don't even have a job or any income, I do not own anything...please help me!!!!!

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you.)

[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

[url]http://forum.freeadvice.com/showthread.php?t=293829[/url]

[beachgirlcinde]

Thanks for your note I will check out what all you said.

It is 6 yrs for Tennessee so you would think time is up for them. I know they kept selling to another finance company so the dates kept changing.


I called Legal Aid but they have to check and see if they can help.

[Ladynred]

The SOL doesn't apply yet. You said you paid up until 2000, that means you reset the SOL with every single payment. The SOL won't be up until something THIS year.

You say the account was not yours -- or it was charged up in your name.

Was YOUR name on the account as the card holder ? Joint ? Or as an authorized user ??

If the accounts were taken out in your name fraudulently, then you have a defense but you HAVE to file a police report. If that is the case, then you are the vicitim of Identity theft and you are NOT liable for any charges ! WHY would you pay on an account that was NEVER yours ???????

Unless you want the collection agency to win a judgment against you for a FRAUDULENT DEBT, then you MUST go to the court date (assuming General Sessions court ?) and TELL the judge about the fraud. But get that police report filed !!!

[beachgirlcinde]

This was so many years ago and I was under so much stress. I lost my brother to a sudden heart attack.

I know I should not have paid the debt that was not mine but I was scared when the threatened to garnish my wage at work. I did not want to lose my job.

What are these people going to get from me now? I have no job, no assets at all.

[Leinalani]

Originally Posted by beachgirlcinde

This was so many years ago and I was under so much stress. I lost my brother to a sudden heart attack.

I know I should not have paid the debt that was not mine but I was scared when the threatened to garnish my wage at work. I did not want to lose my job.

What are these people going to get from me now? I have no job, no assets at all.

First answer this question, are these YOUR debts or not? Your posts are confusing. You need to clarify that before anything else can be said.

But keep in mind, if they do receive a judgement against you, they will have the legal right/backing to attach property liens, granish bank accounts and garnish wages. You might not have any assets or wages to garnish now, but keep in mind that judgements for Tennessee hang around for 10 years, accrue and interest rate of 10% a year and can be renewed. So they potentially could hang around forever.

[beachgirlcinde]

I'm sorry, I thought I posted this was not my credit card but I don't know how to prove it. I asked for the signature and they never sent it to me.

I was living with a guy I was going to marry in 1995 that I thought he was a nice guy. Well, turned out he was not and when I had to leave in Jan 1996, I did not have any credit except the house and I signed a quit claim in 1996. I thought I was out of everything.

When I left, the only charge cards I used were JCP, Dillards & Castner Knott for items that I might need or want. I paid all of them off.

These showed up in 1998 when I did another change of address form. Strange credit card bills started showing up.

I called each one and told them it was not mine but they were so convincing back then when the amounts were low that I was responsible since my name was on it. They said they would send me the signature but in the mean time, I had to pay the min balance so the interest would not go up. I never got any proof they were mine so I quit paying.

I had found out the jerk I lived with was on drugs and I do remember him getting me to sign stuff and I don't know for 100% sure that I did not sign for a credit card for him. It was an awful time and I do think he drugged me. He took advantage of me having a little money back then.

I went from being able to buy at $130,000 home, nice car and now I have nothing.

He now has a home, Corvette, Harley Davidson, etc...and when I left he did not have my income to pay for the house so, I know somehow someway he stole this from me.

Its been too many years now to prove anything. I should have filed charges but he had 2 small children from an ex wife druggie and I knew the kids were better off with him than her. I did that to protect his kids and now i'm in trouble. I was out over $25,000 when I left him.

I don't think I paid in 2000, the last payment I see was in 1999 so it may not be under 6 yrs.

I am still looking for paperwork, I had lost job and had file at work but its gone now.

[Chien]

Ok, when first reviewed, your post was too confusing for a useful response. Improve it; we can't.

LNR has hit most of the nails right on the head.

Calm down a bit and pull together as much "hard" (documentary) evidence as you can and explain what you have. Also, explain what you CLEARLY can remember doing at the time. That means things too which you could testify. Don't guess or make up events to fit the blanks. If there is nothing more than you've posted already, just say it.

For the moment, no more about the ex's current good life, but anything about who signed what and in what capacity "back in the day".

Why the quit claim and to whom?

Do it as readily as possible, and also explain what you mean by "being served". Has it happened or not?

Maybe then, you can get more assistance and helpful responses.

[Ladynred]

Unfortunately, just asking a creditor or collector for proof of your signature just dosn't work. You HAVE to do it in writing and you have to do it in the right way.

Assuming you have to appear in General Sessions court, you won't have much opportunity to say much. The judge will most likely ask whether or not the debt is yours and, depending on your answer, the judge will either find for the plaintiff (the one suing you) or set a hearing date. I would urge you to respond in the negative !! You do NOT know anything for certain, that is clear. You could have been the victim if fraud and ID theft - how do you know ? So your answer should be that you don't know if its yours, you think it may be fraudulent and you want proof from the plaintiff. You may have the opportunity to tell a bit of your story, but don't EVEN say you think you *might* have signed for the cards.

Further, look on your credit reports for information on dates. IF the last payment date on the debt you're being sued for IS in 1999, then you can use the expired statute of limitations as your affirmative defense with the judge. I'd use it anyway, if you don't, you lose the right to and using it should also get you a regular hearing where you can make your case.

Where in TN are you ?

[Chien]

Originally Posted by Ladynred
So your answer should be that you don't know if its yours, you think it may be fraudulent and you want proof from the plaintiff. You may have the opportunity to tell a bit of your story, but don't EVEN say you think you *might* have signed for the cards.

Amen

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BTW - LNR, not trying to hijack a thread, but hope you saw the requested information on payday loan information.

[Ladynred]

Yes, I did Chien - thanks