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clear lake, Iowa
Credit debt is 2 year old, $2,600 and plaintiff is an attorney law firm not debt buyer.
I denied the claim on the answer form because I do not agree with the claim amount.
Anyway, Will it get me into legal trouble If I also say, as defense on small claim trial, that I want the plaintiff to prove that each and every charge on the credit card was authorized by me?
Good luck with that one! If
If you think a charge is not yours, its your responsibilty to tell the creditor that the charge was fraudlent. Its not their responsibilty to investigate it otherwise. If you haven't complained about a charge, they know its yours, otherwise you would've called them immediately, years later after its going to court.
Also, if you look in your cardmember agreement, I'm willing to bet that there is a clause that after 60 days from the transaction date, if you haven't called them to report suspicous activity, you've acknowledged that the charge is yours/was authorized by you.
Nice try though.
well can I elect arbitratation for this small claim in court trial as defense? If so how do I do it?
Can I ask the judge (on the court trial date) for reschedule of the trial because I didn't find an attorney since my court trial date is on september 9. Will that work for defense? (I will say that I couldnt find in the alloted time that was given me and also because didn't realize that I really needed one)