Can I use a General Denial form ? ( California)

Asked over 2 years ago - Chino Hills, CA

A collection agency, on behalf of Bank One is suing me for $4000-credit card debt.
I was advised on your forum to file the General Denial ( I don't recognize the debt).
My understanding is I can do it only if less than $1000 and if not being sued by a third party ( collection agency?)
Thank you in advance
Peter

Attorney answers (3)

  1. Frederick William Schwinn

    Pro

    Contributor Level 13

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    Answered . Bank One has been out of business for several years. Moreover, their cardholder agreement has a Delaware choice of law provision, making the statute of limitations 3 years instead of the normal 4 years. You should seek the advise of an experienced debt collection defense attorney before filing an Answer. If the consumer account is beyond the statute of limitations, you may be able to get an attorney to represent you at no cost.

  2. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Yes, you can use the General Denial form so long as the complaint is not "verified". A verified complaint is one in which the last page (or somewhere at the end of the complaint) it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

    If the complaint is not verified, you can use the General Denial form. (I know, it is somewhat confusing on the form itself).

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  3. Michael Stephen Agruss

    Contributor Level 10

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    Answered . If you do not recognize the debt, you should dispute it immediately. Is the debt on your credit report? Which law firm is suing?

    To dispute credit report errors, you should:

    1. Get a free copy of your credit report http://agrusslawfirm.com/index.php/Free-Credit-...

    2. Write a letter to all three of the nationwide consumer credit reporting companies—Equifax, Experian, and TransUnion. Tell the credit reporting companies what information is incorrect in your credit report. Include documents that support your position. State the facts and exactly why you dispute the information, and request that the inaccuracy be removed or corrected. It is also helpful to enclose a copy of your credit report with your dispute and circle the items that are incorrect. Your dispute letter should include your: (1) full legal name, (2) date of birth, (3) social security number, (4) current mailing address, and (5) a copy of your driver’s license.

    3. Mail your dispute letter and supporting documents certified mail return receipt to the following three credit reporting agencies:

    Experian
    P.O. Box 9556
    Allen, TX 75013

    Equifax
    P.O. Box 740241
    Atlanta, GA 30374-0241

    TransUnion
    Trans Union Consumer Relations
    P.O. Box 2000
    Chester, PA 19022-2000

    4. Write a letter to the original creditor (e.g. credit card company, hospital, utility company) or other information provider that you dispute an item in your credit report. Most providers specify an address for disputes. Provide the original creditor or other information provider the exact same information you provided above in number 2.

    5. Wait about 30 days from the date the credit reporting companies and original creditor receive your dispute letter. In other words, wait about 30 days from the date on the return receipt you receive back from the credit report company. After the credit reporting company investigates your dispute, the credit reporting company must give you the results of their investigation in writing.

    6. If the credit reporting agency does not correct the inaccurate information in your credit report, contact Agruss Law Firm, LLC, for further help.

    *Keep copies of your letter and supporting documents to all three credit reporting agencies, and to the original creditor or other information provider.

    Information on Avvo should not be construed as legal advice, as each case is different. For information about... more

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