There isn't enough information in your post regarding your 2010 verbal agreement. Did that verbal agreement replace or alter the terms of the 2002 written agreement ( if there was such a written agreement)? Much will depend upon the allegations of the complaint. What does the credit card company allege was the agreement, or does the complaint merely allege common counts?
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
There's not enough information in your post for anyone on this forum to give you an informed response. The answer will depend largely on the content of both agreements, and if/how each affected the other. For example, what did the 2002 agreement say, and was it amended by the 2010 agreement? Depending on the answers to these questions, it could be that one, both, or neither of the agreements are valid.
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I agree with the other attorneys responses.
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No way they will sue you on an oral agreement. Would be too risky and cost too much. My bet is the written agreement.
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