They can not tell me who paid it I never paid it an I have no money considering I work 24 hours a week my bills are behind and I struggle everyday
Social Security Lawyers
Unless you appear and file a proper Answer denying liability, default and judgment will be taken against you.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
The burden is on the Plaintiff to prove the existence, validity, and enforceability of the debt allegedly owned by you. However, if you ignore the summons and elect not to participate in the lawsuit, you risk having a default judgment being entered against you-- and eventually having your personal property levied, liens being placed on your real property, and/or having your wages garnished.
There are a myriad of factual and legal defenses to your case. Consult with an attorney ASAP-- the deadline for filing a "Notice of Intention to Defend" in the district court is a mere 15 days from service. Time is of the essence.
It sounds as if you have many defenses to this and can dispute the creditor's claims. Consult a local attorney for more guidance.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
Life Sciences and Biotechnology Attorney
I'm not sure what your question is here, but what you need to do is file an answer to the lawsuit. It sounds like from what you posted that the credit card is not yours? If the credit card was not yours, you have a good defense to the lawsuit but you have to use it. The plaintiff will have to prove that the debt is yours via documentation if you file a response. If the debt is truly not yours, they may just drop the suit after you file the answer. Just don't let them get a default judgment against you! It may be worth your time and money to consult with a local consumer protection attorney.
Hope this helps and best of luck!
The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.
2 lawyers agree