Re: being sued and am I ever scared!

Posted by Drew (24.59.27.46) on May 29, 2004 at 01:28:29:

In Reply to: being sued and am I ever scared! posted by KayKay on May 29, 2004 at 01:02:44:

Go to Why Chat's site and look for the answer on how to answer a summons.

First you always respond to a lawsuit. Failure to do so will gaurantee them a default judgment. Kentucky is a terrible state to get a judgment in because judgments stick around a long time.

You are in a sense judgment proof which means if they win, they won't get anything. Eighty percent of all judgments never get collected. If your husband's name is listed jointly on the account, they can go after him. If the card is only in your name, they can sue, maybe win, but they won't be able to collect.

The burden of proof is always on them to prove you owe the debt. It is not on you to prove the debt is not yours. THus, in court, they have to prove the debt is yours. They need a copy of a contract or an application with your signature and they need an accounting of the charges plus something that showed you acknowlege the debt, such as a copy of a check showing you made payment with your signature on it.

Going to court is not the worst thing that can happen to you and they have to follow the law in all aspects of it.

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