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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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I've been asked to pay back a debt from a credit card that

Customer Question

I've been asked to pay back a debt from a credit card that was charged off 5yrs. ago. And know this year was sold to a debt collector,and is know trying to sue me in civil court. And they have my name wrong, i'm not the second it's just me. Is all this legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

As far as them suing you for a debt that you owe, that's legal even if they did charge it off. A charge off is just an accounting issue for them it doesn't affect their right to sue you for the debt or sell the debt to someone else to sue you. The only time this could be an issue is if they sent you 1099 for the "bad debt" and you were forced to declare it as income on your taxes.

As to the error in the name, you are supposed to plead a defect in the name in your answer and then the burden is on the debt collection company to correct the issue.

You may want to consider picking up a book on representing yourself like the ebook at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-how-to-fight-a-debt-collection-lawsuit/

Many times third party debt buyer can't prove the debt and books like the one I gave you the link to above explain how to defend the case based on the problems that they always seem to have.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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