Lawsuit for a Credit card not mine

[jpostfalls]

What is the name of your state? Idaho
I am being sued by curcuit city for a credit card that i never had or known about. I went to the county court house and wanted to disput this. I was told we have to fill out a bunch of paper work and pay the $58 filling fee. I need to know how to counter sue the company for the filling fee and anything i can claim like pain and suffering, distress. how do i go about doing this?

[JETX]

Originally Posted by jpostfalls

What is the name of your state? Idaho
I am being sued by curcuit city for a credit card that i never had or known about. I went to the county court house and wanted to disput this. I was told we have to fill out a bunch of paper work and pay the $58 filling fee. I need to know how to counter sue the company for the filling fee and anything i can claim like pain and suffering, distress. how do i go about doing this?

You don't have to file a counter action. Simply, show up in court on the date and time scheduled and tell the court that you are not the person owing the debt. Force them (the plaintiff) to prove their claim against you.

[StephenH]

You should at least file a motion to dismiss. This motion should explain that you have never had a circuit city card. This will force them to prove your case. You may want to do discovery on that card, and also file a fraud report with circuit city.

You may want to run your credit reports, as you may have been a victim of identity theft. If you find accounts on there you did not open or do not have, you need to file fraud reports with those creditors and a police report.

[NASCAR_Devil]

File a police report for ID Theft and go to the FTC website and download the ID Theft affadavit. You may have to check with more than one law enforcement agency as some don't want to take ID Theft reports. Start with city PD, then county sherriff or state police. Pull copies of all 3 of your credit reports to identify any other fraudulent accounts and send copies of the police report and affadavit to all 3 CRA's and have fraud alerts put on your reports. Any tradeline associated with the fraud will be permanantly suppressed. If you are dunned for any fraudulent account, send copies of the reports to the CA.

[JETX]

Jpost.... do yourself a favor and ignore the previous two posts. Neither of those 'opinions' will help you with your immediate problem, the lawsuit. And if this is simply a case of them naming you instead of the real debtor (not uncommon), you 'kneejerk' reaction (filing police reports, etc.) without knowing the FACTS will be wasted energy and effort.

[seniorjudge]

I need to know how to counter sue the company for the filling fee and anything i can claim like pain and suffering, distress.

You hire a lawyer.

Do not ignore this lawsuit.