What canI do ifI am being sued for credit card debt that someone else opened up in my name without my permission?
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What canI do ifI am being sued for credit card debt that someone else opened up in my name without my permission?
I am being sued for amount owed on a credit card that I believe my ex-girlfriend signed using my SS#. We have been split up for over a couple years and this company says that because they have my SS# I am legal responsible for the money owed plus interest yet I knew nothing of the card, payment or have ever had this card. They are suing for breach of contract when there was no contract with me and I have 20 days to respond and unable to afford an attorney to represent me in a court case. can I request copies of the contract, charges, payments. What are my rights? Can I get copies? They say no.
Asked on July 17, 2010 under Bankruptcy Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Ok so you need to file an answer to the complaint. Go down to the courthouse in which the action is venued and ask the clerk to help you "put in an answer," Bring the pleadings (papers you were served). In the answer you are entitled to list what are known as "Affirmative defense." You need to write in a few:
1. That the Court lacks jurisdiction upon you for failure to properly serve you in this matter.
2. That you are not a proper party to this lawsuit.
3. Fraud.
4. Identity theft.
5. That there is no contract.
What you have to do is to ask them to produce the original contract with your signature. YOU HAVE EVERY RIGHT TO GET IT. And the Judge will help you in this when you get before him or her. You can also ask for an accounting since the account was opened. Once the contract is produced they will be able to see that it is not your signature. Then ask the court to dismiss the action with prejudice. Good luck.
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