Does nc require a contract for credit card debt.

Send debt validation letter to Sessoms and Rodgers via CRRR.

Sent them a dl. They responded with statements, and admitted they did not have a signed contract. They enclosed a copy of the Discover Card Cardmember agreement (you know the pamphlet they enclose in credit card statments) and in their interrogatories asked was I aware, NC did not require a signed contract on credit card debt?

May have found my answer. In the Cardmember Agreement they keep basing their case on, third sentence states, The words "you", or "yours", refers to in addition to you, the Cardmember, any other person or persons who are also contractually liable under this agreement.

But thank you for your answer.

credit card debts are a bit unique, because there isn't always a written contract.

It is more and more common to apply and get a credit card through the internet or over the phone without ever signing an agreement. Does that mean all these accounts are un-collectible because they don't have a written agreement? No.

1) When they send you a credit card, they always send a copy of their card-member agreement. You have to sign the card before you can use it anywhere (merchants are not supposed to accept a card that's not signed), and by signing the card, you are acknowledging the card-member agreement. Theoretically, you should read the agreement before you sign and use the card, or else if you don't agree to their terms you should not use the card.

2) When you do use the card, you usually have to sign a receipt. There is always some fine print by your signature that says something like "cardholder agrees to perform the obligations and terms in the Cardholder agreement." So to that effect, every time you use the card and sign a receipt, they do have your signature on file agreeing to the cardholder agreement.

Thank you so much for your response. Sessoms and Rogers have sent a request for me to provide them with a copy of the application of credit.

I would like to ask, since they don't need a signed credit application or contract, how do they prove the debt in court? How do they prove it's my debt?

Thank you again for your help.

Quote:

Don't know how they did it, but they won.

They had presented me with six years of statements, none of which I had actually used the card. I was able to dismiss the credit card agreement because it states use of the card meant that I agreed with the terms (The statements didn't show use of the card). They had no witnesses, and I had the affadavit dismissed as hearsay. At this point I had won the case.

Then the attorney looks at the judge over his glasses and states, I'm not sure if you're aware of this, your honor, but this is a Discover card. At that point, after the look that passed between them, I knew I had lost.

Then, the attorney said I had never completely denied the account. The judge asked if it was my account, and did I owe them the money. Before I could answer, the judge said, "let me make you aware that if they can find one shred of paper to prove that it definitely is your account, you will pay for the court costs on this case, the court costs on the next case, all attorney fees, and they can include billing on the time it took to find that piece of paper, as well as you might well be liable for additional legal charges. Now, I ask again, do you owe this money?" To which I replied, " With all due respect, your honor, I was under the impression they had to prove their case. They have not provided me with any type of breakdown on this alleged account, the statements only showed fees and interest on a balance that began at 4000.00. They have not given any evidence as to what constitutes that 4000.00. They have presented absolutely no evidence. I wouldn't know if this alleged amount is the amount that I would owe if this was my account."

The judge said again. "Yes or no is this your account?"
I replied "I don't know."

He looked over at his clerks and said in an insulting undertone, "This is starting to sound familiar." He then said "I find for the plaintiff."

So, if you go to court in my county in NC, (and only one judge handles these cases, so you'll know who he is. He often makes snide remarks to his clerks) do not expect a FAIR trial. he will humilate, embarrass, and bully you. They will not have to prove their case. You are not innocent until proven guilty, you are just guilty in his eyes.

Is there a way to disqualify biased judges like this one? You might want to check your state's law to see if there is a procedure. There is in my state (OH).

ccrider6208--

What county do you live in? My business was in Durham county and I owe over $100K in cc debt. Capital One won't budge! The business is insolvent and I'm 150+ days past due. I wonder if this judge has more mercy on struggling former business owners...hopefully he's not in Durham!

I think people like the OP who have been screwed over by biased, corrupt judges need to have a way to publicize these crooks. There's an old saying that sunshine is the best moral disinfectant.

What I don't get is the significance of the account being for a Discover card. Why is that any different than any other credit card? Unless the crook judge is on the take from them?

There are various sites on the web where bad judges can be exposed, such as ratethecourts - dot -com and robeprobe.

Maybe a forum can be set up here where people can anonymously post their experiences and NAME names, so these bums can be outed. Evil flourishes when good people do nothing.

what you need to do is appeal the case, plain and simple. You were denied your right to due process, because the judge found against you without requiring the plaintiff to prove their case. I woudl appeal that all day long. The apellate court handles appeals and they work differently--the district court you were already in relies on "preponderance of the evidence", whereas the appelate court relies more on matters of law. I would argue that the federally recognized standard is that of proof, not of allegations. We live in a country of innocent until PROVEN guilty, not innocent until assmued guilty.

Most definitely appeal. There are many half asleep county judges who are biased toward wealthy companies. The appellate court is very different.

PLUS, you *have* to file a Motion for Discovery to force them to prove the debt, it is not automatic.

appeals are expensive. I may be facing this situation, and if i appeal it would cost me about $150 in fees with the local court, and maybe filing fees with the appellate court. I don't have the money for it.

Is it more expensive than paying a debt that isn't yours?

really want to know what county in NC your in? i've been sued by sessoms representing LVNV, they sent me the signed credit agreement but didn't send any statements, so i'm really curious to know what kind of case they have...

Hope this helps everyone out there.

Basically, they were award 5000+ on an I say so case. They didn't provide an accounting of any type as to what that balance consisted of, that I had ever used the card, or proof of payment. Absolutely no evidence.

Appeals are very complicated and expensive.

Now I've been served with another lawsuit from a JDB and an enforcement of judgement from the Sessoms an Rogers case.

I called 2 local attys. about the enforcement of judgement. 1 said they wouldn't help with that kind of paperwork, and I met with 1 that was going to charge $100.00 for the consultation. The $100.00 attorney knew nothing and was giving me exceedingly bad advice. He said take money out of my 401K to pay it, or they'd just take it. When I told him it was protected. He asked,says who? I told him NC statutes, not to mention, the way my 401 K is set up I can't touch it to pay debts. He asked can't, or won't? He told me the list of exemptions I need to fill out to exempt certain property against them taking it was just a list to choose what they wanted to take!

I've decided to file for bankruptcy to stop all this, even though the bankruptcy attorney told me to save my money, I was judgement proof. Just can't stand all the stress and strain any longer. Not to mention the humiliation of contending with a court that is so biased. I will look into the websites to expose judges. I did recently hear on a local channel that broadcast county board meetings a citizen complaining about the unfair practices he received from the exact same judge.

On a completely different note. I will commend the deputy who has served the papers on these. He's been very nice, and when he brought the enforcement of judgement papers took time to answer my questions about the process. He even brings treats for my dog. I've been told the deputies receive a percentage of whatever they can take from you for auction, I'm just hoping he's as honest as he seems.

Anyone out there been through an enforcement of judgement. I'd love some feedback on that.

Also, just an FYI. In the state of NC, you don't have to have a written contract for credit cards unless they're for 50,000+.

I put the county I live in on the subject line. Didn't know it would be so small. It's CABARRUS County.

Wow. :shock: Yes, definitely file bankruptcy and be done with it, so you can move forward with your life and rebuild. The only problem I can see is that you have to admit the debts are yours that you put into bankruptcy and I would never admit to something that wasn't mine. Plus, it sounds as if they will likely show up at the 341 meeting and contest the discharge.

Yes, unfortunately, there are a lot of stupid lawyers who only graduated college because of a prodigious memory. It's like psychologists that don't know beans about people, outside of some hokey theoretical speculations. Try the National Association of Consumer Advocates or google consumer advocate groups in your area.

Appeals certainly can be expensive, but they are more thorough (the standards of evidence are much higher) and many wronged debtors get illicit judgements overturned in appellate court. The wronged debtor is also often awarded damages and court costs and attorney fees so it's worth it in the end. Never let someone rip you off.

Also, in the Process of Discovery, demand that they produce signed receipts that show actual purchases. You may possibly be the victim of identity theft, it is something to look in to.

There is definitely a lot of corrupt county judges. There were a lot of complaints about Pressler & Pressler, for example, being in the pockets of New Jersey judges who constantly helped them extort funds from the innocent. Corruption is rampant, but it is often not exposed until they finally run into an American who is willing to fight it all the way and not willing to roll over and let these thugs get away with their plundering.