Being sued for a Debt that is not mine- need advice

Please elaborate on how the debt isnt yours. ID theft? If so, there are steps to take to protect yourself. Filing a police report is a good start.

If you do a search in the above search box, you will find a lot of info on this company. They are a junk debt buyer , who often purchase debts over 10 years old. You can also read othe experiences other members have had dealing with this company. Please answer the question posed by Volley. Why is this debt not yours?

It is not for you to prove the debt is not your. It is for them to prove that it is. If it is not yours they will have nothing to support their case.

Let me ask you. How do you stay at home and support a child with no income? Are you on public assistance
?

The original creditor is HSBC. I have never opened any accounts with them. My only credit accts are with Bank of America and my local bank. I have never open any lines of credit with anyone else. And I already did 'search' and couldn't find what I was looking for.

"Let me ask you. How do you stay at home and support a child with no income? Are you on public assistance
? '

My child's mother and I live together. She is an RN with a crazy schedule, plus she makes more than enough for me to stay home. I grew up without a dad so I like to stay home with my son. I do have a college degree so I am not some bum lol.

I see. I asked only because some slime lawyers will try to go after assistance. Did you ever have a charge with Orchard Bank? They are the same as HSBC. These people are the worst. They sued me and my wife on too different cards.

Be sure to show up in court and beware of phony affadavits. Challenge everything they have. If your signicant other can get an NACA lawyer it will help a great deal.

Quote:

When you told RJM the debt wasnt yours, what was their response?

Be sure to show up in court and beware of phony affadavits

There isn't a court date it is just asking for a Answer within 28 days to the Plantiff's Attorney, and a copy has to be filed with the court

1.)Immediately request validation of the debt......
2.) If they cannot validate the debt...than they can not move ahead with a defaul or (later on ) a motion for summary judgment as they have breached a key provision of the fdcpa. What state are you in?

1.
Guest, you should have been served with a summons and a complaint. The complaint is usually numbered by paragraph and will look something like:

You Answer to the Complaint will simply address each of their allegations made in each paragraph. You would copy what they say, and underneath it either admit or deny each paragraph. For example:


It is basically a true/false questionairre, so that the judge can see what direction he needs to take and what issues need to go to trial. (If you were to admit everything they stated, there would be no need for a trial and they could motion for summary judgment.) It is actually very easy to come up with your answer, just make sure you file it by the return date.

2. You don't need to prove it is not yours. The will need to show by a preponderance of the evidence that this is your account. If they can't show your signatures or other identifying facts, then they can't prove their case and it will get dismissed.

3. You cannot go to jail simply over a debt. If you have no income to garnish and no assets for them to seize, then a judgment is basically useless to them. However, they may call you in for discovery and you will have to answer under oath any assets (like bank accounts) you have that they might be able to take. But this is supposing they get a judgment first.

I would be mad as heck too. Just make sure you file your answer and show up to dispute their claim, or else they can get a default judgment against you.

Thanks for the replies everyone. I typed up an Answer letter and am going to send it certified to the attorney and the court. I did send a Debt verification letter to RJM acquisitions and never recieved a reply. So I am ready to fight this :evil:

Do be sure to ask for it again during the discovery phase in a motion to show cause, and when they fail to show cause simply motion to dismiss with prejudice and get the case tossed out in its rump.

You cannot go to jail for a civil debt.

They have the burden of proving the debt. If they cannot, they lose.

ok, i got a reply from the court saying
"The parties shall complete all discovery proceedings by 3/7" What does this mean?

Also, "Leave is granted for the filing of Motions of Summary Judgement within 15 days of completion of discovery. Theparty against whom said motion is filed shall file any counter memorandum and supporting document within 14 days after filing of the motion"
Do I have to file something or does the creditor who is suing me? Is this saying they need to present supporting documents.
I have a feeling this will be dismissed since they haven't presented any supporting documents and for the simple fact that this is not my debt.

It means that all discovery requests (where I suggested you request validation in a motion to show cause) takes place during this period which must be completed by March 7 2008. As for the rest, I believe they have additional time after discovery to motion for summary judgment, in which time you have 14 days following that motion to present any documents of your own to contest the motion. This gets pretty complicated so you may wish to have an attorney to help you through the judicial proceedings. Make sure you file countersuit for your attorney fees as well as court fees and any time missed from work. Ask your attorney if there are any additional damages you can sue for.

Thanks JCEMT,
I have sent a debt validation letter and the creditor never replied. Is there anything I need to bring to discovery since it isn't my debt I have no paperwork and besides the burden is on the creditor

I would say seek legal council if you haven't already. Make sure that validation is requested during discovery. Other than that I don't have much more advise I can give you.

If you are really serious, go down to your local county law library and ask the reference librarian for sample interrogatories. You can make a photocopy and fill them out by hand. Then mail them to the other party. Make sure you complete a Proof of Service form for each document you serve on them.

Good advice jheard.