Card Holder Agreement

To answer your question, It should state that the parties to agreement are assignee's we, us, our............ If it does not include assignee's then the debt collector cannot sue you for it...


OK now that I got that out of the way, that credit card agreement is junk. If it does not have your signature on it, you should state that it should be stricken from the record and is not admissible evidence. It does not have your signature on it, it has a copyright of 2003 when they alleged you opened the account in 2001, that to me is fraud. What's to say that they don't use this same agreement for everyone that they sue for this company?

You could file a motion to dismiss this case and use things like that as your defense. Never admit the debt is yours and you may have a shot at getting it dismissed.

Absolutely.

I had a case against me dismissed for that exact reason; they submitted a "generic" agreement that didn't have my signature on it. Heck, it didn't even have my name printed on it.

It was this broke-@$$ looking photocopy of a photocopy of a photocopy. Hardly even legible.

Case dismissed.

Unfortunately, not with prejudice. So they can try again at some future date. But I'll be ready for them.

In my case Ron they said I opened the account in 1999 and it has a copyright date of 2001,lol.

I filed a motion to dismiss for this and a number of other reasons, now I am waiting for the judges response.

For me it will be with prejudice because they tried to sue me once before and their lawyer chickened out and sold her law firm after having it only 1 year,lol.

oh my gosh,... uhh, what's the difference between dismissal with prejuduce and without prejucide? I don't think my court room rules effectively allow for motion of dismissal.

I find that odd all courts allow motions I thought. I could be wrong though.

With prejudice means they cannot sue you again on it. It further bars them from selling it and someone else suing you. If it does happen you have a lawsuit against them and with a good enough attorney you might be able to sue them for Social Security fraud if they give your SS# to another collector. That is a federal crime.

Without prejudice means the opposite, they can sue you again can sell it off and give your personal information including SS# to a new collector and there isn't much you can do about it.

While you a very justified in saying that the Collection agency claiming to own this account now should not technically have the rights over this agreement, in practical terms they are always well protected in their internal arrangements with the banks they take over these accounts from.

Therefore what I mean to say is that they will always find some loop hole to justify themselves in the court of law.

It would be good if you can do an out of court settlement. In these hard financial times even collection agencies are always willing to waive off significant amount if they even get a little money back from the client. I would advise you to try that approach.

I am in no way saying that the collection agency should not have rights to agreements in a contract. I am saying that this agreement is not admissible because it is unsigned and about 2 years after the defendant signed a contract.

The only way they can justify that a n agreement holds certain terms is to have a signed contract by the defendant OR they would have to summons someone in from the original creditor to speak under oath the truth of the case. You WILL NOT get the OC in a court room for a debt collector, at that point it is out of their hands and they do not care.


Debt collector attorney's will lie up and down in court, commit perjury by submitting false documents and most of them never see the case till the day they have to go to court. Debt collectors do all the paperwork for them, that is why half the time it is such crap that they send in.


That is why you neither confirm nor deny the whole way OR if you know for sure they probably have nothing on you DENY it the whole way....Remember, the burden of proof is on the plaintiff. They must prove their case legally. Their evidence should be in order and correct. If you know what to look for and spend the time, you will find errors and fraud at some point and most likely get the case thrown out.

I am in no way saying people should not pay their bills. They should not pay their bills to some bottom feeding attorney seagull who has no respect for the judicial system. Just to give you a point in case. I sent interrogatories to an attorney that is suing me, He said he never got them and will be filing for judgment. I motioned to dismiss with prejudice. In court I brought that up and he STUTTERED to the judge,,,,"Ah, um um yea h we we got them we just didn't like the answers"

So you see the kind of games these idiots play? This kid is the same age as me, 31 he is fresh out of law school and already on the verge of being disbarred for perjury. I am going to report him for his tactics. In fact the debt collector company who he sues/works for, the owner used to be an attorney and he was disbarred for the same low ball collection crap. If an attorney is going to get in the business of collections, they are not an attorney and probably just squeaked by in law school. They are a scum bag debt collector who will not get paid if you fight them.

Unbelievable.

Just didn't like the answers?

Wish I could have been in the courtroom with you to see all that going on. Bet it would have been educational and entertaining.

Did you report him to the Bar in your state? I most definitely would.

As soon as I get this case dismissed I will be reporting him. They also said a number of times they never got the debt validation letter. In court he admitted getting it and that they responded to it in the initial communication which was February. I sent the DV in April. So that was another lie on their part.

The reason why I sent it in April is because they did not include the 30 day disclosure giving me the right to dispute the debt, I didn't know at the time. So at that point they should legally have to abide by it seeing as they violated the FDCPA in the initial communication.

I too, never received an initial letter (notice with the validation request) but I can't prove that they didn't mail it. They sent me a copy of the notice that they say they mailed. I believe that that is all that the plaintiff needs.

I can't file for dismissal yet, because the burden of proof would have to be on me to prove why it should be. The information given in the complaint doesn't effectively allow for it.

It's the information provided to me after the complaint was filed that I believe should give me good cause to file for a directed verdict. (The cardholder agreement and the statement of account)

I showed up for my appearance date this morning (even thought I filed my answer last Friday) because I wanted to make sure that the case was going to be handled correctly. Good thing I did. The judge told me that he would issue a pretrial conference in the case. This is something that is needed in my county court in order to obtain any discovery! Lot's of steps to take in order to assert your civil rights, I guess.

Also, I detected a slight hint from the judge, when he said "that most people don't really read the card holder agreement that is being used to sue them for."

I took the context of that statement to mean that most people don't (more often than not) locate the defectiveness of the agreements.