Sued for debt

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

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?

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

If they are not licensed in your state,I seriously doubt they will go to court.Contact your attorney general and let him assist you in getting a good solution to this mess.

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.

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

What is an affidavit of forgery and where do I get that? Does that require a lawyer? Hope not as I am so broke!

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:

___________________________________________

[/quote]

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!

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

Here is a copy of the one we did tonight:


Quote: