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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.

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Attorney answers 4

Posted

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

Asker

Posted

No I have not been served with anything at all. They keep calling and trying to find out when I will be at work to serve me. I just don't want another garnishment and need to take care of this properly and have no clue what i am doing

Gary D. Bollinger

Gary D. Bollinger

Posted

My read: they don't know where you work and hope you will tell them. Also, check online or court records to learn if a case exists and the status.

Tim L Eblen

Tim L Eblen

Posted

I agree with Gary - don't tell them, or even confirm for them, where you work. Not until you are sure you are going to try to work with them to pay this. If you have other obligations out there (you mention another garnishment) then talk to a local attorney. Most all, including our office, give free consultations to review your situation to explore options (i.e. debt settlement, bankruptcy, strategic planning). Are you having difficulty managing your debt obligations? If that is not your issue, then in some sense it will be helpful to be served the papers from the creditor suing you so you can assess whether it is a valid debt or not. If valid, and you can pay towards it, then you can talk with creditor about settling or getting on a payment plan to avoid garnishment. Do you have another garnishment in place now? Tim L Eblen www.eblenfreed.com

Asker

Posted

No I don't I had one previously that I am on a payment plan for. I am having issues with debt but my debt is only 3500 and im currently working on a debt consolidation loan to take care of all of it. He never asked where I was working he just asked when I got off work. He also tried to get me to pay 250 dollars over the phone towards it to put it in a payment plan. I got my credit report today and I see nothing that looks like it on there. Pretty much everything on my credit report I can vouch for

Tim L Eblen

Tim L Eblen

Posted

I would not pay anything, or provide any information, until you are served with a summons and complaint, so you can evaluate what the debt is. I would be candid with the collector and say the same thing. Best of luck, Tim L. Eblen www.eblenfreed.com

Gary D. Bollinger

Gary D. Bollinger

Posted

I suggest you give Tim a call. Avvo is great, but you need a face-to-face consultation.

Posted

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.

Posted

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.

Posted

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.