Legal Question in Credit and Debt Law in California

non-appearing summon from credit card lawyer...

A friend received a summon from a law firm for a creditcard

co saying she owes $ 2000 but she denied having this card

and she said she can prove it by her signature. She also

received a letter with copies of her signature according to

the CC co. It was not her signature. She suspects it maybe a

fraud case. Can she send a signature card to the lawyer and

have them dismiss the case. This is a non-appearing review

case. Also if she suspect a relative or friend who might be

the culprit behind the fraud, can she ask the CC co lawyer

to go after him or her or does she have to do it herself ?

Do credit card companies usually pursue a fraud case until

they find the real culprit or they only go for whoever was

on the record as the owner of the card even if he or she claim to be the victim of a fraud case ???

Any info or insights into this case is appreciated.......


Asked on 8/10/04, 2:42 am

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: non-appearing summon from credit card lawyer...

You may have a case under a violation of the Federal or State Fair Debt Collection Act. Pleaes fax me copies of any collection letters to 714 363 0229 with your phone number. I will call you. Also contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/10/04, 10:01 am
Joel Selik www.SelikLaw.com

Re: non-appearing summon from credit card lawyer...

make sure she answers the complaint, in writing, to the court, in proper format, filed. Or she will have a default judgment against her.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 8/10/04, 2:31 pm


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