Getting sued
Date: Fri, 03/12/2010 - 10:31
Getting sued
My question, I have no recollection of ever making this credit card but my parents have been paying the payments on it. The sent me an "exibit A" which is an affidavit of account from HSBC saying, "that the statement of account with reference to the account, is taken from the books and records of the bank and that , to the best of my knowledge, the balance of XXX shown due is true and correct..with interest accruing thereon is justly due and owing to HSBC Bank..."
Since I have no recollection of ever signing or making this credit card, but perhaps my parents have? What is the best way to present my defense to court?
Should I contact HSBC to send the original contract?
Thank you so much.
First, check with your court house to confirm the lawsuit is rea
First, check with your court house to confirm the lawsuit is real.....Then you have a few options, answer this on your own, pro se or get an attorney to do it for you...If you have no idea it's yours, do you think it could be a case of identity fraud???
You do have to answer the summons by the date outlined on it or they will get a default judgment against you....if you know you can't get an attorney to do this for you, then you have to do it on your own, keep in mind that once you file an answer most attorneys will not help you.
You have 3 ways to answer it, Confrim it, deny it or neither confirm nor deny.
At this point you cannot contact the creditor as they employed an attorney to collect for them and it is in litigation...
Are you sure your parents didn't open this in your name illegally???
Also if you represent yourself be sure to object to the affidavi
Also if you represent yourself be sure to object to the affidavit as hearsay....you have the right to face this person who signed the affidavit and question them on their first hand knowledge of the account.
You will also want to motion for discovery and demand to see the contract and the statements.
You need to do what was stated above as well...talk to your parents about it and get the info on it...did they intercept the collection letters and just start paying it or what? If that is the case you need to get them to sign an affidavit and be prepared to testify in court that they were paying it without your knowledge.....if they opened the account illegally..well then you have some tough decisions because right now you are being held liable and you will have to file for identity theft and turn your parents in if they were the ones who did it....would be hard for people to do, I know.
