Too broke to pay
Date: Thu, 03/26/2009 - 10:18
I'm being sued for a credit card debt that they claim the SOL hasn't passed on yet. They want ME to supply them with documentation proving the payments I made, and give them copies of all past creditor letters I've been sent, which I thought was very fishy since they should already have the original copies. I have nothing in my name and don't work (stay at home mom) and my husband only works part time to pay the bills so we can devote the rest of our time to our homeless ministry (which pays nothing). What should I do, and what can they do if I get a judgment against me?
Hi Solitaire91, Welcome to the Community! Nope, the burden
Hi Solitaire91,
Welcome to the Community!
Nope, the burden of proof is on THEM. File a motion for discovery, and if they don't produce what they are saying they want you to produce, then file a motion to dismiss with prejudice. Get your credit reports and bring them with you to court. They should have the date when the delinquency was actually reported, in the history of that account - if it is even still there. If it isn't (it shouldn't be, according to the Fair Credit Reporting Act), that's even better.
Please keep in touch and update us as to the progress of your case.
chrys
