What are the steps I need to take after I just received a summons from a company for a credit card debt that I have no dealings with?

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What are the steps I need to take after I just received a summons from a company for a credit card debt that I have no dealings with?

From an attorney representing a credit card company.

Asked on February 20, 2011 under Bankruptcy Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to respond to the summons and complaint by filing an answer in the court that it is venued in (it should be written on the legal papers).  You need to raise what is known as affirmative defenses: that you are not a proper party to the action; that you were not properly served; that the action is barred by the statute of limitations.  Did the paperwork contain the alleged documents that you signed to open the credit account?  If they did not then you need to send a letter requesting that they "validate" the debt. This is a request for the original contract, a history of the debt and proof that they themselves have authorization to collect on behalf of the credit card company.  Good luck. 


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