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Can I sue a credit card company for not trying to notify me of debt before destroying my credit? |
Several years ago I entered into a joint credit agreement with my sister. The card was suppose to be used towards a large purchase that both of us agreed upon. My sister and I never came to an agreement on what to buy, and without my knowledge she went out and spent several thousand dollars on dirt bike riding apparel for herself and boyfriend. Then she let the account go to collections. I guess this happened several years ago. I had forgotten about the card until a few months ago when I got my free credit reports. The creditor never tried to contact me regarding this debt before negatively impacting my credit. Also, if I had know that my sister had done this, I wouldn't have given her a cell phone in my name which resulted in a similar situation. I have no problems suing my sister, but can I sue the creditor as well? The short answer, yes. You can sue anyone for any reason at any time. However, the reality of that statement is that you should only sue if you know you're likely to win and you have grounds (evidence that makes them guilty of breaking the law). Credit card companies are large and have deep pockets with very expensive lawyers. There is probably some provision in the contract with the credit that was issued to you about lawsuits. You'll probably find that out once you file your complaint and serve them. The reason I mention this at all is that if you lose your suit, you may be responsible for paying all court costs, your lawyer bills and the credit card company's lawyer bills. In fact, there may be a provision that requires you to file the suit in the location where the credit card company's headquarters are. Before you choose to file, you should consult a lawyer who specializes in debt collection. They will know the law regarding these matters. And, if the credit card company broke the law, then they'll also know if you have solid grounds to sue. Good luck. i dun think ,cause in this case , yr credit is already beyond the trust of them , i am sure under the contract, they are protected against u. |
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