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WHAT! Can this happen?

Date: Mon, 06/22/2009 - 11:29

Submitted by anonymous
on Mon, 06/22/2009 - 11:29

Posts: 202330 Credits: [Donate]

Total Replies: 7


So here is the story. Back in 02 I lived with a friend for a period of 12 months. Half way through the lease I lost my job and was unemployed for a month. This friend added me as a authorized user to his credit card and told me "if you need anything just use this". I did not feel comfortable with someone else giving me access to their account and would not take the card. I had saved up savings pretty well and was prepared for this scenario happening one day. So.......I was added to another persons account as an authorized user.......I refused the card which means I never used the card or had a chance to sign the card. My friend moved near the coast at the end of our lease and now we only see each other maybe once a year.....

Forward to TODAY. I worked late hours pretty much all last week and my boss told me to take the day off. I am awaken around 11am to a sheriff at my door with a summons. Immediately when he said he had a "civil summons for you" I responded with "you've got have the wrong person". The officer states my full name and then it I thought someone had stolen my identity. I get the summons and realize a collection agency out of Virginia has filed suit against me for being an authorized user on the credit my friend defaulted on. I know I never signed anything, used the card, or had the card in my possession so how can this be a valid lawsuit? Reading over the complaint my name is not mentioned as being an account holder but instead is only listed as being a defendant to the suit. I have never received any correspondence from this law firm prior to today and I have pulled my credit reports to verify this account is not listed on any of them. I feel like I have a head on my shoulders and my credit score is great (over 800) so how can a law firm decide to just file suit against anyone?

Any advice thus far besides "just get a lawyer"? Is this legal or am I just being bullied?

Law firm whom filed suit against me is Dominion Law Associates out of Virginia Beach Virginia who may also go under the name of Pender and Coward.


Ok, breath of relief now so thank you Nascar. I am in North Carolina. I guess my main concern now is time off work and will I have to deal with this again? Do you know if they will repeatedly try to collect this debt against me or is this one of those situations where I am just sol until the original card holder pays?


lrhall41

Submitted by on Mon, 06/22/2009 - 14:20

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You are an authorize user only so you have no liability for this debt and the lawyer knows this. Contact the state bar assoc in Virginia and North Carolina and file a complaint for abuse of system for filing a fraudulent suit. Also file a counter suit for malicious prosecution. More than likely they will go away.

Also where was the suit filed, it should be filed in your home county. If not, notify the court that this is an improper venue.


lrhall41

Submitted by on Mon, 06/22/2009 - 20:12

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The lady I spoke with at the Virginia State Bar could not have given a flying dog pile about what I was referring to. I called back and spoke with a lady and she informed me that Virginia did not take any complaint serious when it was against an opposing lawyer in a civil suit. I WAS FURIOUS! I even have it in writing via an e-mail she sent this afternoon. I can only assume the damn state bar in North Carolina will treat me the same way? I am not trying to sound evil but I can see now why I read of people physically hurting lawyers outside courthouses ......it's the only way to touch them....

Would it do me any good to physically show up at the Dominion Law office and see this Camille French lady in person? Or talk to anyone there to know I am not someone who can be pushed around? This is simply jaw dropping....


lrhall41

Submitted by on Tue, 06/23/2009 - 12:43

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Whatever you do make sure you show up in court. Make them show a signature or any proof! Deny everything and do not accept mediation.Even if they send you a letter saying they made a mistake. Be in court or you will get a default judgement against you that will mess up you credit for years.


lrhall41

Submitted by Frogpatch on Tue, 06/23/2009 - 13:01

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Thanks for the tips. I will be showing up, that is not a question at all. What is bothering me is something like this could happen to anyone. I must say I am hitting a boiling point by focusing on this. I have heard for years about collection agency tactics and so forth but this is my first experience dealing with anything like this and IMO it is a pretty big situation to just knock on my door. Being a web developer by profession, I see a website being made listing factual allegations against this law firm and many complaints being filed (repeatedly if need be) until I get a response.


lrhall41

Submitted by on Tue, 06/23/2009 - 14:47

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