Being taken to court for a credit card that is from 2001 sounds fishy cause someone paid it for 7 yrs the address is not mine

Asked about 1 year ago - Elkton, MD

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

Attorney answers (4)

  1. Ian Thomas Valkenet

    Contributor Level 15


    Lawyers agree

    Answered . 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.

  2. Brandy Ann Peeples


    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  3. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree

    Answered . 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.
  4. Patrick Begley

    Contributor Level 14


    Lawyers agree

    Answered . 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... more

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