Legal Question in Credit and Debt Law in Florida

I'm being sued by an attorney representing a bank, over a a charged-off credit card account I allegedly opened several years ago, but of which I have no recollection. The attorney has produced financial print-outs bearing my name, but readily admits that the the alleged contract concerning this account is not available.

I responded by stating that I have no recollection of this account, and pointed out that I could not be in breach of contract when apparently none exists, but this attorney has somehow managed to get an hearing before a judge, stating that I failed to disprove the allegation that I opened this account. But how do you prove a negative? Shouldn't this attorney have to prove that I DID open the account and agreed to the terms & conditions therein?

When I appear before this judge, what is the best way to address this in a respectful - but effective - manner?

Thank you.


Asked on 11/05/09, 2:33 pm

3 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Let's see if the attorney can bring in a witness who can present a single credit card slip with your signature. Let's see if they can show a single purchase delivered to your address. Are you a carpenter? Let's see if any purchases involve nailguns or hammers. Are you a doctor? Are there purchases for stethoscopes or lab coats? Why are there trips to London or Cancun on the bill when your spouse (who is in court with you) will say you've never left the U.S.? Where are the checks from your account showing you've paid on the balance in the past?

Get the idea? Make sure you request copies of the bills and charge slips before the trial so that you can be ready. It's not your job to prove a negative. They have to prove it's you.

And you know how to be respectful or you wouldn't be asking. I wish you the best of luck!

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Answered on 11/10/09, 3:33 pm
Angelo Marino Angelo Marino Jr. PA

You must amend your answer to the complaint and deny the charges. This will put the case at issue. You cannot be equivocal. If in fact there is not legal basis for the claim, you should hire a lawyer familiar with such cases. The lawyer can collect his attorney's fees and costs. Let me know what city you are in and possibly I know someone who can help you.

see www. ConsumerLawyerHelp.co under collection violations.

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Answered on 11/10/09, 4:47 pm
Lucreita Becude Lucreita D. Becude, P.A.

When you show up - ask for the evidence. Where is the contract for the credit card account. Where are the receipts of purchases? No evidence, no case.

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Answered on 11/12/09, 5:01 pm


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