I was served a summons by a debt collector who purchased the debt from a credit card company. I do not remember opening an account with this credit card company in 2002. how do I defend myself in court when I have no record of opening this account?
Rather than random ramblings from the ignorant...... REAL answers.
First, you need to contact the court and confirm that you have in fact been sued (there are a lot of scum collectors out there who mislead and deceive). If you have been sued, you need to file an answer to the lawsuit
within 20 days from the date served. Assuming this is small claims (informal) court and they used the 'standard' form JP118, you can put your answer on the bottom of the form and return a copy to the court and a copy to the party who sued you. If they didn't use that standard form, your answer can be a very simple letter addresses to the court stating that you deny the charges being made and ask that the court set a hearing on the claim. Sign and send the original to the court and a copy to the attorney shown in their suit.
Once the answer has been filed, you have a little amount of time.... send the attorney a 'pre-trial discovery' request, asking for a copy of the ORIGINAL contract, a full detailed accounting of the claim amounts and a copy of the debt collectors authorization (giving them the right to sue) from the original creditor.
Information on discovery in Arizona:
Arizona Superior Court in Pima County - Disclosure and Discovery
When you receive the documents, review them and confirm that this is your debt/obligation.
