Credit Card Debt Lawsuit

[army judge]

Exactly... I have no clue who this "debt buyer" is. All they provided me in the complaint was an exhibit "A" which was 2 statements from my credit card company. Do you know if that counts as verification for a complaint? How could I make this "You can always seek through discovery the ORIGINAL credit application you allegedly signed to procure the alleged debt the scammer now seeks you to repay" a focal point in my response to their complaint or potentially my affirmative defense?

You use the discovery process to demand the scammer produce the original credit application.

Or, you can ask for it during the trial, as you put on your case.

Don't assume they bought the alleged debt.
They may have simply knew about it, discovered it, and are now suing you for it.
The scavenger usually backs off when the victim demands to go to trial.
In some cases the scammer won't appear in court, as they try to bluff and bully the victim.

 

[adjusterjack]

Do you know if that counts as verification for a complaint?

A "verified complaint" only means that the complaint is sworn under penalty of perjury. Doesn't help you.

How could I make this "You can always seek through discovery the ORIGINAL credit application you allegedly signed to procure the alleged debt the scammer now seeks you to repay" a focal point in my response to their complaint or potentially my affirmative defense?

That's not how it's done.

I think I touched on this earlier but, after you file your answer you enter the Discovery phase where you request that the plaintiff produce documents. That's when you ask for the credit application and whatever else you want.

The unfortunate part of all this is that the plaintiff's attorney can bury you under technicalities while you are basically clueless about how this all works and you can't get a law degree in a few minutes on the internet.

The truth of the matter is that the only way for you to avoid being demolished by this freight train is to come up with cash to pay the debt before their lawyer fees double or triple the amount of the debt. You have no leverage to "negotiate" something unless you have cash. Otherwise, all they have to do is go to judgment, wait until you eventually have a job, and get the money out of your pay. The longer it takes to pay, the more it will cost you.

Sorry to be so bleak but that's the long and short of it.

 

[army judge]

You MIGHT have the ability file a BK, OP.
If you do, a BK will make this debt and the attorney's fees moot!!!!