Being sued for a debt that does not belong to me

[mskb75]

Jurisdiction

California

Hi, I was just served with a notice that I am being sued for $6,349.00 for items leased/borrowed purchased on my credit card that I was not a party too. I have been the victim of credit and credit card fraud in the past and have several police records to back this up. I would like to respond to this notice with copies of those police reports. Is there anything else I can sight or say to back this up??

 

[adjusterjack]

I was just served with a notice that I am being sued

Were you served a summons and complaint with a court name at the top and a case number?

Is it in small claims court or regular civil court.

A small claims summons and complaint looks like this:

http://www.courts.ca.gov/documents/sc100.pdf

And doesn't require an Answer, just gives you a date to appear in court with your evidence.

If you are being sued in regular civil court, you'll have to file an Answer by a certain deadline. Filing an Answer generally involves just responding to the allegations in the complaint and you don't attach your evidence at that time.

Frankly, though, if you are being sued in regular civil court for that kind of money, you should consult an attorney. For one thing, what you "told" the police is not "evidence" of anything.

 

[mskb75]

Were you served a summons and complaint with a court name at the top and a case number?

Is it in small claims court or regular civil court.

A small claims summons and complaint looks like this:

http://www.courts.ca.gov/documents/sc100.pdf

And doesn't require an Answer, just gives you a date to appear in court with your evidence.

If you are being sued in regular civil court, you'll have to file an Answer by a certain deadline. Filing an Answer generally involves just responding to the allegations in the complaint and you don't attach your evidence at that time.

Frankly, though, if you are being sued in regular civil court for that kind of money, you should consult an attorney. For one thing, what you "told" the police is not "evidence" of anything.

Thanks! It is in regular civil court. So file my answer and consult a small claims attorney?

 

[adjusterjack]

Consult an attorney first. Filing an answer properly is a crucial first step and you need to get it right. An attorney knows how. After that the attorney will know what evidence is needed to prove that it's not your debt.