texas law

Skydiver will be along and help you with this.

Was the card holder agreement the actual one you signed, as in, does it have your signature on it?

You can object to the affidavits as hearsay.

no they don't have my husband's original signature.

since they asked the courts for summary judgement what happens next????

Sounds like they have properly validated. Do you have any defense? SOL?

no defense, sol doesn't come into it, because they sued 3 months prior to SOL.

Attempt to work out a settlement prior to this going to judgement.

But if it does go to judgement in the state of Texas, what can they really hope to get from us???

They can't garnish wages or put a lein into your home but they can look into other assets you may have. My suggestion would be to work this out if at all possible.

Wait a minute, the OP stated the cardholder agreement wasn't signed. What about this "affidavit of correctness" of the account.

I'm willing to bet the "cardholder agreement" is some generic photocopy of said, and I bet, in addition to no signature, it doesn't even have your spouse's name printed on it? If this is all they provided, they could plop that down on anyone as proof the debt is their, even if it isn't. If that "cardholder agreement" is not signed by your husband, or even have his name printed on it, then you need to object to it as not sufficient proof of the alleged debt being his.

Also, this "affidavit of correctness"? On what are they basing this "correctness? There should be some type of audit trail of the entire activity of this alleged debt, not just one person saying "yep it's correct" and signing an affidavit stating this. If the person that actually signed the affidavit is not there in courtroom, then have the affidavit thrown out as hearsay.

These are all defenses that my attorney from Legal Aide used to get that lawsuit dismissed that was filed on me back in 2007.

I'm no expert so I'd like to know what anyone else thinks, does anyone have any thoughts on the correctness?

I'd think even with a name typed on it wouldn't mean squat..since they could easily put all the info they know about him on it, but without a signature..it isn't worth much.....it likely is just a blank one, that anyone can have sent to them just for the asking.

I would also object to the affidavit as hearsay.

How old is this account? If the last time you made a payment on it was older then 4 years..it is SOL as well. Texas SOL is 4 years across the board.

the paperwork that the lawyer sent to us and I presume the judge is : Order setting for hearing on plaintiffs motion for summary judgement . notice of submission/fiat. no dates on any of this just lawyers signature. Plaintiffs motion for summary. Exhibit A requests for admisssions to Defendant {B} Affidavit of plaintiffs counsel {C} Affidavit for attorneys fees {D} Bill of sale {E} Affidavit of sale {F} Billing statements, just a few, {G} card holder agreement {H} Affidavit of correctness. But no signature belonging to my husband. The original account with Chase is about 15 years old.

But when was the last time he paid anything on it? How old the overall account is does not matter, only the last time a payment was made.

The statements, they were a few? Was it the last statements that showed total owed? If not, that is not a proper way to prove what the true owing balance is, or when the last payment was actually made.

Find out about discovery, so you can demand a SIGNED contract, and the LAST statement, besides other things.

in answer to goldenblast last question. Last time we made payment to Chase was 1-05-04. They sent facsimile copy of that statement. plus one dated 9-06-04, 05-07-04, 01-05-04 07-05-04, 04-05-04, 06-05-04, 03-07-04, 08-06-04 and the last dated 12-03-03. So they are showing the last year of statements in which we received and they show the last payment we made, but the rest of the statements just have the minimum due with past due, finance charges an late fees applied. They are proving the account was ours, that we did make a payment on it back in Jan 04. But stopped making payments after that, due to our finances changing. Chase merged with Bank One in Aug 2004. Bank One sold the account to CACH. Cach didn't want to work with us they wanted full balance up front when we sent them DV letter, thats when they turned it over to their lawyers and we rec'd the notice that we were being sued.

Well, Texas SOL is 4 years..this account, according to the records THEY provided, show the last payment as 1/04 so that would have gone out SOL in 2008. Use this as your defense. The Statute Of Limitations has passed on this account. That will get this case dismissed..you don't even need to go through discovery.