Being Sued By Creditor

[LaShanda_Knight]

I am currently helping my fiancé with fighting the law firm that was hired by Capital One to collect on a debt that was incurred by his ex-wife. The last payment that was made by her on the account was in 2005. The card is in his name however all charges were made by her and her name is not on the card. He has been to 4 mediations and goes in front of the judge on Monday. They have been unable to produce any documentation showing that the debt was created by him (signature on signed documents) he has also disputed the debt on his credit report and the debt has since been removed. Is it possible for him to use this in his defense-the fact that Capital One the original creditor has had the debt removed from his credit report? In essence they have confirmed that the debt does not belong to him. He would also like to ask for a dismal of the case based on Florida Statue 95.11(3) (k). Do you think that would be possible since the last payment was made in 2005?

 

[dee_dub]

"A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts" shall be commenced within 4 years.

I doubt this will be of any help. The credit card company is suing him on his agreement to repay the debt, which he would have entered into when he took out the card, and which is almost certainly embodied in a written instrument.

Did your fiance file fraud charges against his ex-wife? Credit card companies are usually more amenable to forgiving the victims of credit card fraud when they put their money where their mouth is and take criminal action against the fraudster.