What is a Merit Trial?

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What is a Merit Trial?

I am being sued for a credit card debt that is almost $10,000. This amount includes purchases, added interest charges and other fees. There is no evidence, this claim is not supported by any statements and is not justified. Where they arrived at this amount, I don’t know? I cannot access my statements and account. My only source of income is SSI/SSDI, which by law is exempt from collections and income from a part-job. What should I expect/do as the defendant? Is this issue going to haunt me forever if it is not settled? Do I have a valid case?

Asked on August 13, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am a little confused about what you mean a "valid case."  Do you mean a valid defense tot he allegations? That is hard to say given that you have not challenged the fact that you made these purchases.  A for the fees they are most likely allowed by law and you most likely agreed to them in the original contract for the credit card.  But if you think that there are incorrect assessments then ask for a debt validation from the credit card company.  They will the  have to cough up a copy of your original agreement, a list of the charges and payments and a legal document allowing the party to collect in behalf of the issuing credit agency.  This will contain essentially there evidence against you.  And although the SSI/SSDI is exempt, the income from the part time job is not.  So settlement may be best.  Good luck.


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