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Being sued for debt incurred by 3rd party

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  • Being sued for debt incurred by 3rd party

    I am being sued by a collection agency for a credit card debt that was opened by a 3rd party without my knowledge or consent 15 yrs ago. Once payments started to default I was made aware of the acct by cc company looking for money. The 3rd party is an ex-boyfriend and father of my child who admits to opening and using the acct solely. I did not press charges at the time as I believed he would make good on the payments (I know...but that was 15 years ago & I've learned a lot since then). I have an affidavit signed by 3rd party stating that he opened the account in my name without my permission and that all of the debt incurred was done by him without my approval. He also made some payments to the credit card company over time but not often enough to keep this out of collections. I have outstanding credit (outside of this issue) and I have receipts for a couple of the payments that he made throughout the years. I am attempting to do this without an attorney representing me for financial reasons but I fear that I dont have enough knowledge of the law & court system to do this right. I have already gone to pretrial and trial is set for next month.

    I have researched the internet looking for help but don't know who I can trust as everyone is looking for money. I have 3 days left to "file my witness list and to file any dispositive motions". I was seeking the advice of an attorney but he has recently gone on medical leave for an unspecified amount of time. I'm not sure how to go about filing a witness list or even what it really is.

    Specifically my questions are:

    Do I have enough proof to win this case?

    Should I or how do I file a motion to dismiss?

    Plantiff filed a motion to add party-defendant - how do I get this denied or dismissed?

    Court ordered discovery to be completed by Aug 12. I received summons from plaintiffs atty dated and received prior to Aug 12 but showing a due date after Aug 12 - do I still have to respond to these if court ordered discovery to be completed by Aug 12?

    Can I file paperwork with the court to have the debt removed from my name and reassigned to the 3rd party? The 3rd party is willing to sign paperwork agreeing to this however his credit is horrible.

    Any help would be sincerely appreciated!

  • #2
    Huh? This should be way past the statute of limitations, which should have been addressed in your first response.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      You said he made some payments over time. Do you know when the last payment
      was made? It's possible the SOL has not elapsed depending on when the last
      payment was made.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Das ist in der Doktor!

        My mother and sister-in-law passed away quite some time ago but that doesn't stop some unscrupulous collection agency’s from buying old debt lists and continuing to try and collect.
        Every once in a while we'll get a phone call or mail about old bill that they owed.
        The best part is when they call and try convince me they are a long lost relative and have spoken with one or the other "recently" but have 'lost' their phone number or address and do we have it.
        You can imagine the fun I have with that....

        Somewhere along the way your name got moved to the top of the list, and now it’s your problem
        You will have to contact any credit reporting agencies that you are associated with in order to get this resolved
        It may take you sending cease and desist letters in lue of legal action to get them to stop
        If they don't, you now have the right in many states to sue them and collect for damages.
        These people are like a bad dog with a bone, they just will not let go of it.
        This WILL show up negatively on your over all credit rating and WILL NOT go away on its own if you ignore it
        Good Luck!
        .._____________________
        ~ VOTE ALL INCUMBENTS OUT,
        WE NEED TO MAKE ROOM FOR A NEW BATCH OF CROOKS.
        Last edited by drruthless; 08-14-2011, 02:30 AM.

        Comment


        • #5
          Originally posted by Betty3 View Post
          You said he made some payments over time. Do you know when the last payment
          was made? It's possible the SOL has not elapsed depending on when the last
          payment was made.
          The last payment was made around Jan '08.

          Comment


          • #6
            The SOL may not be elapsed. In Michigan where you live the SOL on a cc
            is 6 years. state statute 600.5807.8
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              If I was in your shoes (IOW this ain't advice but my opinion on what *I* would do), I would file suit against the ex-BF for defamation of character. Then upon his response I would make him, as part of the settlement, to contact the CC and make the necessary changes to protect me and my interests.

              Just my thought on the matter.
              Last edited by cactus jack; 08-15-2011, 03:13 AM.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment


              • #8
                Umm. First, you need to report this to the police - not the collection agenciy, but the fact that the ex fraudulently opened the account in your name. Then, you need to file something with the court to add the ex as a defendant to the lawsuit. You should have filed a demurrer at the outset, and included the ex's affidavit as evidence that the account wasn't yours. I'm not sure if you can do this now.

                Who does the plaintiff want to add to the lawsuit? If it's the ex, why would you want to not have him added? It's his debt, not yours.
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                Comment


                • #9
                  Originally posted by Alice Dodd View Post
                  Umm. First, you need to report this to the police - not the collection agenciy, but the fact that the ex fraudulently opened the account in your name. Then, you need to file something with the court to add the ex as a defendant to the lawsuit. You should have filed a demurrer at the outset, and included the ex's affidavit as evidence that the account wasn't yours. I'm not sure if you can do this now.

                  Who does the plaintiff want to add to the lawsuit? If it's the ex, why would you want to not have him added? It's his debt, not yours.
                  Its too late to report as fraduluent. I did not report it as soon as I found out about the account as he was making payments. It wasn't until the payments became irregular that I tried to do something about it. The cc company had notes on file that he was the party that opened the account and they tried to set up payment arrangements with him on several occasions. They will not put the debt into his name because his credit is so bad. The reason I do not want to "add" him as a defendant is because I'm afraid we (as party-defendants) will be found guilty and obligated to pay the debt. As I mentioned he has horrible credit and can not/will not make the payments and I will end up paying for it in the long run. My hope is to get the case against me dismissed and have them pursue him for the damages. Maybe my understanding of what will happen if he is added as a "party-defendant" is incorrect...thats what I'm hoping someone can explain to me. Also, I did present the ex's affidavit at the pretrial. One last thing..what is a demurrer?

                  Thanks for all of the advice!

                  Comment

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