To make a long story short, my neighbor told me today that one of the big banks hired this law firm in town and he is being sued for credit card fraud. He has not paid his credit card in over a year and he only gets social security to live on. However, when he filled out his credit card application years ago he marked the block on it that says, Have you every filed for bankruptcy and he said no. Which is untrue because he has but it was a long time ago. Can they do this or is it just B.S. to try to make him pay. He owe's them over 9K. I don't see how they can get the money from him.
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Believe none of what you hear and only half of what you see.
My father always told me that.
Attorney Retained/Paid: 1-4-10
Online CCC-Completed & Cert Received: 1-8-10
Filed Chapter 7 1-18-10.
341 3-10-10 ~~~ Last Day to Object: 5-10-10 -
It's probably just a collection action. Fraud is tough to prove.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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Technically, they could. The benefit of a fraud claim is that it would be non-dischargeable in BK. The fact is, he did lie on his application.Comment
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That may be so, but, how long ago, how long was the account active in good standing, and what about the SOL on the application of X years ago. I believe some history would back this guy.Originally posted by HHM View Post
In any case, they will spend a lot of money on a guy that is not collectible.
In FL small claims now is above 15K then it has to go to civil.
I think it is a CA or they are blowing smoke. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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Status of limitations is a really good point.
The application was filled out 8 or 9 years ago. We live in Washington stateComment
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it's also a public record- the CC company had the responsiblity to verify his income and credit. If they didn't do their own due dilligence- it's half their fault. I doubt they could win on "fraud" because of thisFiled Pro Se: 10/16/2009
341 Scheduled: 11/23/2009
Last Day for Objections: 1/22/2010
Discharged: 1/28/2010Comment
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That is a questionable point, courts are very divided on whether the lender needs to do due diligence on an application. Lying is still lying. Which looks worse to a judge...a lender failing to check, or a person lying on their app?Originally posted by jribe View Post
But a good point has been made about the history.Comment
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