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My husband has a court date for a credit card lawsuit. $2122…

Customer Question
My husband has a court...
My husband has a court date for a credit card lawsuit.

$2122 +statutory interest+reasonable attorney fees+discretionary costs+costs

What are my chances of winning if he shows up?
Submitted: 8 years ago.Category: Legal
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6/25/2010
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,851
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If they can prove that he is the party who was liable for the debt and can provide proof of the amount of the debt, then even with him showing up the chances of him winning are slim. He would have to prove that the card agreement is not valid or that they cannot prove it was him that signed the card agreement or made the charges in order to prevail on the suit.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,851
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 8 years ago
It is a Home Depot card but owned by citibank on the documents.
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
From working cases with that company, it is most likely that they will have the proof of the debt they require. If he does not show up they will get a default judgment against him and then seek to enforce it through garnishment or seizing bank accounts. If he does show up, there is always a chance they may not show up and he can then ask for the matter to be dismissed for them failing to show up and if they do show up he can at least try to negotiate the debt with them for some type of affordable payments.
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