Small Claims Summons

[buscious951]

What is the name of your state (only U.S. law)? Indiana

I got my mother a credit card 25 years ago with First USA.
I don't think it was joint, I was primary, she was just a user.
I never used it.
She charged it up, stopped paying on it 3 years ago and now I'm being sued for $4500 in small claims court.
She cannot pay it now. I cannot pay it either.

The first I heard about it was the summons I got 2 days ago.

I assume I'll be on the hook for this, so here are my questions:

1. Does their attorney have to provide me with a copy of the original contract with my name on it? I have no documentation on this at all.

2. If I don't get a copy before appearing and they produce it on they day of the hearing do I have any options?

3. Does the fact that I never charged a penny in 25 years mean anything or am I still liable for it?

4. Is this something a lawyer could help me with or is it cut-and-dry such that if they have a contract with my signature I have to pay?

Thanks for your help.What is the name of your state (only U.S. law)?

[cosine]

Originally Posted by buscious951

1. Does their attorney have to provide me with a copy of the original contract with my name on it? I have no documentation on this at all.

You can ask for it. Otherwise you have to move for discovery in court. If they fail to show they have a standing to sue, that can be your defense. Do you have any reason to believe this is not associated with the account you opened in your name?

Originally Posted by buscious951

2. If I don't get a copy before appearing and they produce it on they day of the hearing do I have any options?

If you have any cause to believe it is fraud or not right, you could raise that issue. What kind of option are you trying to find?

Originally Posted by buscious951

3. Does the fact that I never charged a penny in 25 years mean anything or am I still liable for it?

No. You are liable. It sounds like you opened the account and agreed to pay if your mother failed to. Well, she failed to and they want you to live up to your agreement.

Originally Posted by buscious951

4. Is this something a lawyer could help me with or is it cut-and-dry such that if they have a contract with my signature I have to pay?

A lawyer can help protect your rights to be sure they don't take things beyond what is reasonable. But reasonable will include you paying the debt plus interest, fees, and legal costs. A lawyer may be able to do a better job negotiating a workable settlement or payment plan (to avoid bankruptcy).

Are you wanting to get out of paying a debt you owe? The only thing I see as a possible action on your part is request an out of court settlement on the basis that they never contacted you directly about paying it (if that is so ... is it?).

[debtcollector`]

cosine - The quality of your advice has improved dramatically. Good job.

DC