I had a credit card with a company,that I opemed. But after my husbands death I discovered he had opened several cards in my name. I tried to pay off all debts but with medical and credit card everything snowballed, I could not do it. In Jan. 2007 a year after his death I gave up and walked away because none of creditors would listen or work with me. In August 2010 I got a letter from the a lawyer for the company that I had opened an account with, the amount was about what I owed on my card so I sat up payment plan. Then in Auugust 2011 another law firm for the same credit card company has taken me to court, I did not tell them about card my husband opened in my name. Case wes dropped but was stated they can bring new suit. How can I prove I did not open this account. It has been 5 yrs.
If there was a judgment, it would be too late for you to do much. But if I understand your post correctly the credit card company filed a lawsuit and dismissed it.
If that is the case, and they attempt to sue you again, you do not have to prove that you did not open the account. The credit card company has the burden to prove that you opened the account and that you authorized each of the charges that they intend to hold you responsible for. It is usually very difficult if not impossible for them to do so in cases like this. Although they would like for you to believe otherwise, it takes more than just presenting an application or billing statements to the Court. See Danner v. Discover (http://caselaw.findlaw.com/ar-court-of-appeals/1160775.html)
There may also be statute of limitations problems with their case, but that will depend both on the date they non-suited their case (August of 2011) and the date that you last made a payment. Keep in mind that whenever you make a payment, no matter how small, it will renew the statute of limitations and give them more time to bring a lawsuit against you.
It may be too late to defend the lawsuit depending upon what has been done since August 2011. If you have not filed documents with the Court denying you are responsible for the debt, you may be faced with the option of having to file for bankruptcy protection or paying off the debt.
You need to contact a lawyer because you have been sued and a good and accurate answer will need lots of details and a review of the lawsuit documents.
This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there are too many unknown facts to this matter to render an opinion at this time. Campbell & Grooms, PLLC http://www.aoclegal.com
Request a copy of the completed credit card application to what was filed and perhaps you can prove the fraud. You should be forthright about your deceased husband's behavior because it is impacting your current situation.
I am sorry to hear about this -- this happens all too often in marriages.
It is noble of you to try to pay off all of these debts but you have your limits.
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