Credit card contracts

I feel so ignored... Do I ask to many repetitive questions? I only retain 50% of everything read, then the next day only 25% of that... lol. Really, how important is it that the collection agecny produce documents requested through discovery. I do not feel that I can win my case if the judge is just going to assume that everything the plaintiff says as true. How important? Anyone know?

I would love to learn more about that too. My request for validation was basically ignored, and then I was served a summons. Doesn't our legal system recquire some sort of evidence for a plaintiff to pursue a case?

The OC should have some sort of original doc that would have your name, address, phone #, work address, etc. Even if it is not signed (because you applied for the card over the phone or on the web).

You should request that the case be dismissed WITH prejudice since they can't produce the basic info that would prove the debt is yours.

It sounds like their claim is simply "We say it is IPoured and that is all we need". I don't believe any judge will accept that.

SJD

Since it has gone to suit you can request through Discovery that they produce documents that establishes your ownership.
You can also counter sue the CA for suing prior to validation (assuming that you requested within the 30 day period from receipt of the first letter.)

Thank you cellular. I think that the plaintiff is creating buisness records using some of my personal information that he got from my credit report. I could/should argue hearsay to these kinds of documents? I guess I need to read up on hearsay rules of my court.

In my first letter, I used the word verification instead of validation. I just looked at the copy. That was before I knew better. When the sent me another printout restating the amount owed, I had more knowledge of the situation, and sent a validation letter, requesting specific info. I have copies of both letters, as well as the certified receipts, which I will take to the case management meeting I have in June. It took them 90 days to respond to my first letter, and another 60+ to respond to the second. Also, does anyone have any experience with National Arbitration Forum awards? Are they legally binding? I received a copy of one from the CA taking me to court. It did not have my signature, and was made out to a different CA altogether.

IPoured: Hearsay is you going into court and testifing to something I said (in a sense you HEARd me SAY something).
More than likely if the debt was created over the phone or internet there will be some boxes for internal information like person who talked to you on the phone, credit approval code or score, something that would be likely to happen in a credit department that a CA would not know about. Take a look at a credit app and you will see the boxes I am talking about.

You can try talking to the original creditor and see how the account was supposedly opened.

sjd: Was a NAF judgement issued against you? They can be legally binding.
If so were you served and notified of the hearing? You have to be given a chance to testify.

The CA will have to go to court to enforce judgement which gives you a chance to get it dismissed.

NAF did issue an arbitration award. It was made out to Wolpof and Abrams, not Daniels Law Office, who is pursuing this case. There is no judgement yet, but a case management meeting is scheduled for June. I was recently reading about a court case where an NAF award could not be collected on because the CA could not provide a signed contract that showed the defendant had agreed to arbitrate. Googling NAF, it seems that there is alot of bad press about them out there, including class action law suits. As this debt is pretty old, I want to see evidence of how the amount owed was calculated, and if Daniels Law Office legally owns it. Since they did not provide any validation other than an NAF document (without my signature), I am going to motion for discovery to see if they can provide the info I asked for in my DV letter, which I have a certified receipt to prove that they received, and ignored for over two months. Thanks for responding.

Ipoured: No, credit cards generally do not have a contract. They do however have an application, as cellular suggested. I'd have them produce the orginal application. Whether it was done over-the phone (if it was done over the phone, in the notes it should say over-the phone application, then request a phone record of that conversation) , or paper app/web app etc.

I guess I should have requested a signed credit card applicatiohn during discovery. during duscovery I requested a signed contract, agreement or billing statement. Do you guys think that was sufficient? I have my doubts now. My trial date is May 18th.