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

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. 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. 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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.


  3. 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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  4. 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 Washington, so if you reside in a different state, you should seek legal advice from attorney licensed in your state or jurisdiction. You rely on any internet legal information at your own risk. My answers here are just general legal information and do not constitute legal advice as I do not have all the facts necessary to render a specific legal opinion. Relying on this general legal information is done at your own risk.

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