Thursday

Credit Card Companies Coming After You? Usually if you have Tax Debt you Also Have Credit Card Debt.

Tips (not to be substituted for the advice of an attorney, but you may be able to tackle this on your own instead of paying for one) to those of you who may owe credit card debt (and if you have back taxes chances are you also have back credit card debt) and if your credit card debt has been sold to a third party and they are taking you to court here is what you need to do:

1) Respond in your answer to their court petition that you are you not sure or do not believe that you owe the amount of debt and will have to conduct further research.  '

2) When you go to court tell the plaintiff's attorney that you want them to prove that you owe the debt, i.e. do you have camera's of me using the credit card?  Do you have proof of my signature (may not be your signature as someone else was using the card), etc.

The burden of proof that you owe the debt is on the creditor.  Most credit card companies (Discover seems more persistent and better prepared for these arguments) expect people to either not provide an answer to the courts after their initial petition or to show up to court and negotiate a payment plan before the case goes to trial. Most companies are not prepared to spend all day in court trying to prove that you owe the debt, it is a numbers game for them.

If you owe taxes as well this is a different game and you should strongly consider hiring a tax professional such as myself!  Call me at 720.340.4065 or shoot me an email at nick@patriotresolution.com.