Disputed Debt now a Lawsuit

[rc02004]

What is the name of your state? KY Last June I received a letter from an attorney acting as a debt collector for a credit card debt. This CC reportedly originated in Houston, which is where I lived from 1997-2004. The letter was dated 6/21/06. I replied on 6/27/06 that I had no record of this account and asked, if they had supporting documentation, to please send it to me. I never heard anything else until today, when I notified by the sheriff's department of a legal document concerning a lawsuit from this company. When I called and spoke with the account rep, she said that apparently they just received the supporting documentation. However, in their letter to me it states, "If you notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and a copy of such verification will be mailed to you."

I suppose it's possible that this is a legitimate claim; however, I truly do not remember it. My ex-husband and I paid off several debts at one point, but I simply don't recall this one. Any documentation I may have had was left in Houston and I no longer have access to it.

If the attorney's office had contacted me in a timely manner, I could have handled this before it resulted in a lawsuit, but now I have no idea what to do.

[debtcollector`]

Originally Posted by rc02004

What is the name of your state? KY Last June I received a letter from an attorney acting as a debt collector for a credit card debt. This CC reportedly originated in Houston, which is where I lived from 1997-2004. The letter was dated 6/21/06. I replied on 6/27/06 that I had no record of this account and asked, if they had supporting documentation, to please send it to me. I never heard anything else until today, when I notified by the sheriff's department of a legal document concerning a lawsuit from this company. When I called and spoke with the account rep, she said that apparently they just received the supporting documentation. However, in their letter to me it states, "If you notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and a copy of such verification will be mailed to you."

I suppose it's possible that this is a legitimate claim; however, I truly do not remember it. My ex-husband and I paid off several debts at one point, but I simply don't recall this one. Any documentation I may have had was left in Houston and I no longer have access to it.

If the attorney's office had contacted me in a timely manner, I could have handled this before it resulted in a lawsuit, but now I have no idea what to do.

Now you need to defend the lawsuit.

[rc02004]

I've received the document that was filed. In it, it states, "There is no record of any legitimate disupte by the accountholder." This is untrue, as I have a dated copy of the letter I sent to them. In that letter I told them I didn't have any record of that account, and asked that they send me any documentation they had to support the validity of their claim. That was seven months ago. The only "supporting" document they sent with the complaint is a copy of a credit card statement. It's addressed to me at my old address and is dated for November 2003. There are no purchase signatures, no purchase records, nothing.

In the initial correspondence with the attorneys representing this credit card comany, they state that upon written request they will mail any supporting documents. They've never done this.
How can I fight a lawsuit for something I have no evidence to prove or disprove? I've written to my ex-husband twice, asking if he can find any records of the account in question, but as yet I've heard nothing back from him.

[debtcollector`]

Originally Posted by rc02004

I've received the document that was filed. In it, it states, "There is no record of any legitimate disupte by the accountholder." This is untrue, as I have a dated copy of the letter I sent to them. In that letter I told them I didn't have any record of that account, and asked that they send me any documentation they had to support the validity of their claim. That was seven months ago. The only "supporting" document they sent with the complaint is a copy of a credit card statement. It's addressed to me at my old address and is dated for November 2003. There are no purchase signatures, no purchase records, nothing.

In the initial correspondence with the attorneys representing this credit card comany, they state that upon written request they will mail any supporting documents. They've never done this.
How can I fight a lawsuit for something I have no evidence to prove or disprove? I've written to my ex-husband twice, asking if he can find any records of the account in question, but as yet I've heard nothing back from him.

One question: Do you have proof of delivery?
If so, you have a separate complaint that has nothing to do with the lawsuit. If not, it never happened.

PS: The only proof you would have ever received is a copy of a statement or a letter that simply says yes you owe it.

Now you need to defend the lawsuit. If you don't know how -- you need to hire an attorney.

DC

[rc02004]

I'll be contacting an attorney this coming week. I don't have proof that the company received the letter, but when I spoke to a representative earlier this week, she indicated they had the letter in the file.

I just wish they'd produce something that has my signature on it. My biggest concern right now is that my ex-husband used one of those "You are pre-approved" letters to open an account online. That would have been very easy for him to do. It's really bothering me that I don't have any recollection whatsoever of the account in question. My memory may not be perfect, but it certainly isn't that bad.

Thank you for your input.