Discover card has sued me for a credit card opened around 2009. I responded to their initial complaint and in my response letter I requested a copy of the signed cardholder agreement. All they provided were copies of statements and an agreement printed from the web that was not signed. Also, on the statements it says "cardmember since 2008" but the time/date stamp on the unsigned agreement that they supplied has a date of 12/15/2009.
What points should I bring up?
1 - I requested a signed copy of the initial agreement and that was not provided
2 - the statements provided and the cardmember agreement provided do not provide matching information( ie was the account opened in 2008 or 2009?)
Anything would help, I have to try.
Thanks.I'm going out on a limb here, the hearing date is tomorrow morning so I do not have time to hire an attorney. Any info you could help me with would be great. Thanks
I don't think any Judge would care that they are unable to come up with the initial card member agreement. It would not be signed, in any event. The fact that there is even one (1) monthly statement with your name and your address on it would be probably be sufficient to establish the existence of the account. Sorry I just don't see a great defense here. Either pay up or file for bankruptcy protection.
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Look at limitations. You need to follow the proper state civil procedures to get documents in a civil proceeding. representing yourself is not the best idea. I agree thet if the debt is large you hire a lawyer or look at bankruptcy.
You have no valid defense. You are not disputing the fact that you borrowed this money, right? Your tactics in trying to avoid liability by requesting certain documents and, when the EXACT ones aren't supplied, saying that they haven't proven their case, have been rejected by every court in the country. Judges are tired of this kind of game playing. Do you actually deny YOU borrowed money from them? If so, that's your defense - you didn't do it. Otherwise, you owe the money, and you'll lose in court. Plus, this litigation will add to the judgment since their costs are going to be added.
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Is their hearing on a "Motion For Summary Judgment"? If so, you definitely need to ask for a continuance. You had to file an Affidavit with the Court outlining your defenses already and your deadline to file an affidavit has passed. The Court may not consider your oral testimony when considering a motion for summary judgment. Do yourself a favor, ask for a continuance so you can hire a lawyer, then have a consultation with one asap so that you can file a responsive affidavit that sets forth with sufficiency all facts necessary to set up your legal defenses. I see some facts which could support a legal defense here but you have to have your paperwork in order and filed on time or the Court will not consider the defenses.
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