So there is some debt collection company who is suing me for a credit card debt that has been charged off, I assume they have bought the debt?
Anyway, they filed a petition on open account and asked some generic questions like:
1. Have you ever had a account with ABC Bank?
2. Have you ever made purchases on the account?
3. Have you ever made payments on the account?
The questions were generic, they stated a credit card company name and balance.
My responses to the questions were simple yes and no responses. Yes to having had an account with them and making purchases and payments. But no to the balance and that the account was still open and such.
Anyway, so they then file a petition for summary judgement stating that since I agreed to having an account and making purchases and such that the only dispute was the balance so they provided a statement and generic credit card agreement policy.
So now I see an account number since they provided a statement this time. Apparently I have two accounts with this credit card company, each with its own account number according to the credit reports. One is in good standing and paid off, one is not and charged off and is the one they are suing over. Also they original balance they stated in first documents they filed that I had to respond to is more then the balance of the statement and the new documents.
Can I not dispute this and say that my original responses were based on my knowledge of an account with the acct# of the one in good standing and paid off? And file a sworn denial now that I know the account number they are suing over.
I was thinking something like:
"I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount."
I have been told that by filing a sworn denial the person suing cant just provide a sworn affidavit but instead would have to produce a live witness regarding the account.
Any thoughts on this?
Proof of debt?
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