Has anyone been to court for a debt that was not yours?

Almost none! And if you have not properly prepared your answer and affirmative defenses and have the proof in your hand that you have already paid the debt he will get a judgment against you and you will have to pay all over again.

Simple as that.

 

Almost none! And if you have not properly prepared your answer and affirmative defenses, submitted them to the court within the proper time limit stated on the summons and have the proof in your hand that you have already paid the debt he will get a judgment against you and you will have to pay all over again.

Simple as that.

 

The way you phrase that leaves me wondering whether it is a judgment going to court soon or is it a judgment that has already been put against you.

Knowing which way it is makes a big difference. If it has still not gone to court then you need to do something to put in your appearance. If it has not yet been heard and you still have time to answer then you need to start off with a demand for more definite statements then maybe motions to vacate. Depends on what kind of answers you get from your demand for more definite statement.

If you already have the judgment against you then you need to file motion to vacate the judgment and if that gets denied then follow with a motion to vacate that followed by a Rico action in federal court. Although I have never actually tried that route I have heard that it can be effective.

Of course, being told that something is effective don't necessarily mean that it is.

LOL

 

Need a little clarification on your question, when you say "been to court". Do you mean "suing a CA or OC" for violations of the FCRA/FDCPA? Do you mean a CA taking you to court seeking a judgement on an account that is "Not Yours"? You say "debt"; do you mean monies owed, or just an account tradeline?

It would seem that if the "debt" is truly not yours, you could have settled this long before a court date. Did you request Debt Validation within the 30 day window of first receipt of notice? Have you contacted them (in writing) stating this debt is "Not Mine", and demanded full evidence of your liability for it?

A few details would help here, as Cap1sucks comments, it would appear that this would be an easy case to win, BUT....if you do not know the legal system and processes, then you could lose by technical fault. If you have a court date set, and you know this debt is truly "Not Mine", then get an attorney. Unless you are 100% comfortable, and confident, about handling yourself in court, let a professional do it for you.

Remember, in court it is NOT what you know, it is what you can prove!

 

The fact that you do or do not owe the debt has no bearing on what evidence the creditor will present to the court. It would be the same in either case.

All that is important is can you be identified as the person who incurred the debt by using the credit card or incurred whatever kind of debt it was.

What you need to do is to be able to prove it is not you that owes the debt.

What address do they claim is on the original agreement or application? That could be one way if you never owed the debt. You never lived at that address
either. As I said earlier, you need to prepare a demand for more definitive statement first. Then when and if you finally must file an answer you may have a bit more evidence that it is not you.

You can also use discovery techniques such as demand for production of documents or if necessary use a subpoena Duces Tecum to subpoena the documents.

Do they have any affidavits along with their complaint? If so you may need to call the affiant into court to see who they actually are and whether or not they have first hand knowledge of the records.

If you have a common name such as jones or smith or brown or whatever it will be pretty easy to establish that there are many others with your same name who might be the responsible party.

If you have an uncommon name such as maybe rumplestiltskin then you are going to have a rough time coming up with others with the same name.

There was a SSN connected to the original contract/application/agreement (whatever) so make them come up with the SSN on the records of the original creditor, not what they have on their records if a 3rd party debt collector.

And what state do you live in? That can make a big difference in what your chances are to win as well.