topic Re: Legal to say this in a small claim for credit debt in Rebuilding Your Credit

Legal to say this in a small claim for credit debt

improvent363 — Sat, 07 Sep 2013 03:10:09 GMT

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?

Re: Legal to say this in a small claim for credit debt

chrisw1968uk — Sat, 07 Sep 2013 03:16:38 GMT

Good luck with that one! If

Re: Legal to say this in a small claim for credit debt

Anonymous — Sat, 07 Sep 2013 03:37:34 GMT

You ought to consult with an attorney about that. If those charges were really made by you, and you are somehow disputing the validity of those transactions, it sounds like you are committing fraud. This is my guess though....I'm not an attorney so I may be very wrong.

There are legal aids that offer free legal advice.

Re: Legal to say this in a small claim for credit debt

andre181 — Sat, 07 Sep 2013 03:39:49 GMT

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.

Re: Legal to say this in a small claim for credit debt

youngandcreditwrthy — Sat, 07 Sep 2013 12:28:27 GMT

Check your statute of limitations.
In Texas, it's only two years.
If you have any money to pay, you could offer them a settle IF they delete the tradeline.
OR if you feel the charges are erroneous, dispute the acct with the CRA. Seems to me $2600 would not be worth the time to sue someone, but then again- Im guessing law work is tough these days.

Re: Legal to say this in a small claim for credit debt

youngandcreditwrthy — Sat, 07 Sep 2013 12:30:21 GMT

Four* not two lol... There's a debt sol online by state. Also check your state's wage garnishment laws. Some states allow judgements to get wage garnishments.

Re: Legal to say this in a small claim for credit debt

improvent363 — Sat, 07 Sep 2013 19:59:05 GMT

well can I elect arbitratation for this small claim in court trial as defense? If so how do I do it?

Re: Legal to say this in a small claim for credit debt

pizzadude — Sat, 07 Sep 2013 21:24:22 GMT

This will depend on the statutes for your state / county, etc...

I'd suggest consulting an attorney or calling the court and asking them.

Re: Legal to say this in a small claim for credit debt

improvent363 — Sat, 07 Sep 2013 23:26:30 GMT

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)

Re: Legal to say this in a small claim for credit debt

pizzadude — Sun, 08 Sep 2013 03:47:08 GMT

It's better than not showing up to court, which will almost certainly result in a default judgment against you.

No idea whether you'll be successful or even be able to request a postponement though.