What to do if I’m being sued for an old credit card debt, however the account number they have on the complaint does not match the number on my old credit card?

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What to do if I’m being sued for an old credit card debt, however the account number they have on the complaint does not match the number on my old credit card?

This debt now owned by another financial company other than the original credit card company. I’ve mailed a certified letter to them basically saying that I do not recognize this credit card account, please send me evidence of and verification of this debt. Only response from them was a couple days ago stating they have been trying to contact me and for me to call them. Court date is set for a couple weeks from now. The credit card in question has an expiration date of 5 years ago, the card was issued 8 years ago, and the last time I made a payment on it was “probably” 6 years ago.

Asked on January 17, 2013 under Bankruptcy Law, New Jersey

Answers:

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

Answered 8 years ago | Contributor

And you know that New Jersey has a 6 year statute of limitations for this type o suit and debt, correct?  Calculating when the statute begins to run is always the issue and difficult to do in this type of forum. But you need to look in to it given the close timeline just as a back up here.  Now, if they have the wrong credit card number and you did indeed ask for debt verification, you now need to answer the summons denying the debt owed (just dent the allegations that indicate you owe a debt for the account number stated) and put in affirmative defenses that you are an improper party to the action; that the complaint states an account for which you have no responsibility.  Put in that you requested validation of the debt and that you received no response.  They have to prove that this was yours.  Good luck.


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