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Can you win an appeal on a credit card debt that is not your but they got a judgment anyway

Asked over 2 years ago - Conroe, TX

I was sued for a credit card I did not get or use. They had nothing with my signature, a supposed bill sent to an address I had not lived at for 4 months, not records or charges, cash advances or anything with my signature. Judge ruled against me anyway even when asking lawyer if she had anything with my signature and she said no. I answered in a timely manner, requested production of documents which was not fulfilled until after a continuance was granted. What did I do wrong?

Additional information
I did state that they could not show me any purchases made on the card. I asked the lawyer specifically to show me what I bought, I believe. The whole proceeding was recorded by a stenographer. I requested the following;
1. The original credit card agreement between Defendant and Bank One signed by Defendant.
2. Originals or copies of credit card purchase slips or records referencing credit card account number and store from which goods were purchased.
3. Originals or copies of bills sent to Defendant showing initial balance of $0 and list of purchases made.
4. Originals or copies of cash advance slips for cash advances made from credit card account.
5. Original or Copy of Promise to Pay to Plaintiff signed by Defendant.
6. Original or copies of Demand for Payment and receipt of said demand by Defendant.

1,2 and 5 were not there, 3 and 4 not available, 6 was the lawyer saying they represented the other company. Got docs after continuance granted.

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Attorney answers (1)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Going it alone without an attorney was your first mistake. Not getting those documents without a continuance was a possible second mistake. Not showing how the absence of use history was a third mistake. You cannot be faulted for not knowing the rules of evidence as a non-lawyer. You should immediately get a lawyer now (I assume you realize now that you were at a distinct disadvantage without counsel during the hearing) to see if there is a method of appeal available. The problem will be that you cannot raise a defense for the first time on appeal. If the record was not preserved by you as your own counsel then there may be nothing to appeal.

Good luck.

God bless.

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