Claimed ownership of the bebt in the "Answer", but now we know its not ours...Help!

[PhxGuy520]

Claimed ownership of the bebt in the "Answer", but now we know its not ours...Help!

What is the name of your state? AZ

So my fiance received about 4 summonds at once for a few college credit cards that are past their SOL. So we sent answer to all of them stating such. Today one of them sent back a document answering our answer, but attached a copy of the orginal application with the credit card company. After reviewing the application its the same name, same town, but totally different address, place of employment, and SSN.

The problem is we got the orginal summons right in the middle of moving and didnt remember to provide the answer until just before the deadline. In the rush to provide the answer she said the debt was hers but past the SOL. Now we are postive it isnt hers, but said in the answer it was.

Should we sent the collections company a letter, call them or just wait for the court date? Thanks in advance!

 

[Ladynred]

Wait for the court date. Even if it's not hers, if the SOL has expired, it won't make THAT much of a difference.

 

[Chien]

I would supplement LNR's answer just a bit.

You're already in litigation, so it's not a matter of "either/or". Don't neglect the court date. If you haven't gotten things straightened away by then, ask the Court for leave to "amend the Answer" - file a new one with the included defense alleging plaintiff's mistake in misnaming the defendant. Base the request on "newly discovered evidence" - after all, you discovered the truth after the Answer was filed.

I'd also contact the plaintiff, collection agency, for two reasons:
1. If you're successful on the SOL defense but the CA still believes your fiance is the debtor, it can still continue non-legal collection efforts, which could be a nuisance, until you tell them to cease and desist.
2. No plaintiff wants to go through the time, effort and expense of suing the wrong party (if she prevails, she can get costs of defense - hope you asked for that in the Answer or will in the amended Answer). If you can persuade the CA that they have the wrong party, maybe they dismiss the suit and you all save yourselves a lot of time and inconvenience.