What do I do when I am being sued over a credit card that I don't recall having.

Asked over 1 year ago - Portland, OR

It was taken out in 2008, and they have been trying to reach me at a home I have not lived in since before then. They say I owe 1800 and some change yet I have never had a credit card for that amount.

Attorney answers (4)

  1. Tim L Eblen

    Contributor Level 13

    5

    Lawyers agree

    Answered . If you are being sued over this debt then you are smart to address this now; it deserves your utmost attention lest you end up with a judgment against you wrongfully.

    If so, and the complaint does not help you to remember that this is a validly owing debt, then seek out a consultation with a local consumer law attorney. Such attorneys can help you assess your rights and obligations here.

    Have you been served a copy of the summons and complaint yet?

    Tim L. Eblen
    www.eblenfreed.com

  2. Scott Martin Hutchinson

    Contributor Level 7

    4

    Lawyers agree

    Answered . First things first. Obtain more information about this alleged debt right away. You do not have much time as you have only a short time to reply/answer the creditor's complaint before it could get a default judgment against you. Try getting more information by pulling your free credit reports by going to www.annualcreditreport.com might give your some helpful information. Also you can call or write to the creditor's lawyer or representative as listed on the complaint asking for the creditor to show proof of the debt. This may reveal the information you need to figure out really if this is your debt or maybe a case of mistaken identity. Right now you need to put your "private detective hat" on right away and get more information. If you do not feel comfortable with that I recommend you contact a consumer law lawyer or a debtor/creditor lawyer right away to assist you. The more information you can bring in to the lawyer at your consultation the better.

    The answer here does not create an attorney-client relationship. I am licensed in the State of Oregon and... more
  3. Diane L Gruber

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Run a credit report on yourself: freecreditreport.com

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  4. Michael Avanesian

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Have them send you a collection letter. The letter will state that you can ask them for evidence of the underlying debt. Then send them a letter, by certified mail, asking them to validate the debt. Take it from there.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more

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