Have Legal Questions? Ask a Lawyer Now.
Correct. The Warrant in Debt came from the court via mail. Mind you, not certified mail, delivered by a sheriff, or authorized party.
When I signed up for the credit card I was living in Maryland. However it was charged off while living in West Virginia. I didn't receive the warrant until two years of living in Virginia.
My assumption is that I will need to go to court, request a trial, ask for a bill of particulars (if they filed one) and cite the statute of limitations.
The debt collector is Jormanday and the credit card was an American Express.
What proof do I need to bring to my court date if any? I seriously doubt AMEX will give me any paperwork stating account activity. Since the debt is so old I no longer have paperwork to substantiate account activity. Does the burden lie with Jormandy to prove that I owe the monies?
I know they are counting on me not showing up for court so they can get a default decision; I just want to be prepared.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).