What should I do if I was summoned to court for debt on a credit card that I don’t remember having?

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What should I do if I was summoned to court for debt on a credit card that I don’t remember having?

The amount is $1500. The collections attorney will not send information and does not have a bill from their client; they have called numerous times butthey have yet to receive any information. I cannot miss a day of work to go to court and do not want to settle on a debt I don’t know if I owe. I filed an answer with the court saying I disagree with the debt. What should I do to get out of this? Do they even have a case against me?

Asked on December 23, 2011 under Bankruptcy Law, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been served with a summons to personally appear in court concerning a debt that you supposedly owe, I suspect that the summons is for an order of examination where there is an existing judgment against you.

If you have the document you were recently served with, I suggest that you go down to the court house where the summons was issued and pull the case file that it pertains to. Most likely there is a judgment in the file against you where you might have been defaulted in a lawsuit.

If you fail to appear on the matter that you have written about on a set date and time under the summons, the court can issue a bench warrant for your arrest. I suggest that you consult with an attorney that does debt collection work about the situation you have written about.


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