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 Posted: Sat Jul 21, 2007 7:18 am Subject: Sued for debt |
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How likely is it a person would be sued for debt? It is traditionally something reserved for high balances or can people be sued for small balances? When I say small balances, I mean under $750.
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waterbug811
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| Posted: Sat Jul 21, 2007 7:21 am Subject: |
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What kinda debt is it? And also, i'm no atty but i'd think it'd be highly unlikely to sue over such a small amount! The court cost would well excede that and like i said depends on what kinda of debt! If it's a pdl, more than likely NO WAY would they sue cuz most of them are SO illegal they'd never win!
If u can provide a little more info i'm sure someone will be able to help u out!
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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| Posted: Sat Jul 21, 2007 7:26 am Subject: |
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No..I am not being sued...I was just curious. I hear these horror stories about people being sued. I would hate for that to happen. I only have this one PDL out there that I am battling with everyone under the sun. The lender isn't licensed to lend in NYS and the collection agency isn't licensed to collect in NYS. It is only $420, but you know how underhanded some of these places get. How likely are they to sue?
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waterbug811
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| Posted: Sat Jul 21, 2007 7:30 am Subject: |
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Well u answered ur question in the post above! The likely hood of suing is probably ZERO since they're NOT even licensed in ur state!!!
I do understand ur concerns but if they're not licensed in ur state there is NO way that i can see how in the world they cud sue u!!
Hope this makes sense to u!
If not plz dont' hesitate to ask more questions!
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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cajunbulldog
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| Posted: Sat Jul 21, 2007 11:54 am Subject: Speaking of Being Sued |
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I have a question. I just received a credit card statement in the mail for an account that is not mine. I had a phone call about a week ago and I told the person that this was not my account. I suspect that my ex-girlfriend (now deceased) somehow set this account up with my name on it. Does anyone have any advise how I can find out this information? Is this possible? The total amount is just under $2000.
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bobsterbob62
Joined: 22 Dec 2006
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| Posted: Sat Jul 21, 2007 11:56 am Subject: |
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Then this would be considered a case of forgery... I guess you should contact the credit card company and ask for ur signed contract with them then dispute the charges. You may have to get an affidavit of forgery done to send to them if it is indeed NOT ur signature on the contract!
Good Luck,
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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| Posted: Sat Jul 21, 2007 12:37 pm Subject: |
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What is an affidavit of forgery and where do I get that? Does that require a lawyer? Hope not as I am so broke!
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bobsterbob62
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| Posted: Sat Jul 21, 2007 9:15 pm Subject: |
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hiya Bob--
This might help you. An affidavit of forgery is simply a legal document. You fill it out, then sign it in front of a notary. I did a quick search and found an example--this one deals more specifically with bad checks, but you can easily change it to fit your needs:
| Quote: | Affidavit of Forgery
STATE OF )
COUNTY OF )
I, (insert name of customer) , being first duly sworn upon oath, do hereby swear and affirm as follows:
That I have been informed that what purports to be my signature appears on the following check(s) OR draft(s) as the maker or indorser:
CHECK NUMBER
(or draft number)
DATE ON ITEM
PAYEE
AMOUNT
That I did not sign the check(s) or draft(s) listed above either as maker or indorser.
That the signature that appears on the instrument(s) described above is not my signature, but is instead a forgery made without my knowledge and without my approval.
That I did not participate in the negotiation of the check or draft, nor did I receive the proceeds therefrom.
The information I have regarding the forgery, how it may have occurred, and who may have participated in the making of the forgery, is as follows:
Further affiant sayeth not.
Signed:____________________________________
Subscribed and sworn to before me, the undersigned Notary Public, this ________ day of ___________________, __________.
__________________________________________
Notary Public
My commission expires:
___________________________________________
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The sections in red are the ones I would change. That way, you can accurately reflect that this credit card account was originated based on a forgery. You fill this out, sign it in front of a notary, and send it to the credit card company. Of corse, keep a copy for yourself. Important--these affidavits are sent to the creditor with a copy of a police report, as well as a copy of your driver's license, and often a cover letter, which would list out the account number, a case number from the police, and any other relevant information. This would mean that you need to go to the police about this. While that may sound like a pain, it is free, and so is the affidavit of forgery. The police may investigate and compare your signature to the signature used to open the account. Additional details will also become clear, such as the address that was used when this was originated. Such details will help the police to determine exactly who did this, and more importantly, that you did not.
Let us know how it goes, and good luck!
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skydivr7673
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| Posted: Sat Jul 21, 2007 9:21 pm Subject: |
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Wow my affadavit looks different sky but of course the notary, my uncle, said it doesn't really matter how u do it as long as the information is in it... If that makes any sense to ya!
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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| Posted: Sat Jul 21, 2007 9:27 pm Subject: |
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Here is a copy of the one we did tonight:
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AFFIDAVIT OF FORGERY
STATE OF
PARISH OF
I, state ur name, of the city of ________, State of _______ being duly sworn, deposes and says that a certain check No. _______ dated ________ on___________________ in the amount of $_____ and endorsed by an unknown person and proposing to be signed by_____________ and paid by a Bank in Fort Worth, Texas on the ___ day of _____ 2007 was not signed or endorsed by me, and that this signature on said check is a forgery. I further state that I did not authorize the signing or endorsement of said check, and that no part of the money so paid by a Bank_______, was received by me, directly or indirectly, and that no part of said money was applied to any use or purpose in my behalf.
I further state that I will testify, declare, depose or certify to the truth of any or all of the foregoing before any competent court, officer, or person in any case now pending or that may be hereafter instituted in connection with the matter contained in this affidavit.
__________________________
Signature of Person giving Affidavit
Subscribed and sworn by me on this ___ day of __________, 2007
Notary Public ____________________________
My commission expires ____________
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Guess it's basically the same thing!
Thanks for the help sky!
Ang
_________________
You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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