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I was reading a newsletter from NARCA , where they are telling credit grantors to use the TILA to their advantage against the debtor.

In one instance they were saying when drafting a complaint, most attorney's plead a theory of breach of contract. By choosing this course, a debtor can defeat a motion for summary jdugment by alleging that no signed agreement has been provided by the creditor. An alternative method is to argue that the plaintiff agreed to permit the defendant to make purchases on credit or obtain cash advances by using its credit card, to be repaid in installments. in other words the creditor advance moneis to the debtor (defendant) and the debtor defaulted by failing to repay said moneys. The reason I am asking this is that I am seeing this done in my court case.

The newsletter goes on to say that the case is transformed from an action for breach to an action for monies loaned/unjust enrichment. It also goes on to say that this artful form of pleading enables a creditor to be successful without producing a copy of the signed agreement because it is no longer becomes an essental peice of evidence to prove your case.

So instead of relying on the agreement, you rely on the debtor's course of conduct and that this establishe the agreement. Can the creditor establish an ageement by performance. IS THIS LEGAL?

I hope this makes sene, sorry for being so long winded. but I see some of the tricks mention above that this particular attorney is using agains my neice. It seems as if they are trying to shift the burden of proof bact to the debtor using the TILA. :!:

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I am trying to help my neice, but if they are doing this I am not a lawyer,

I just hate to see her get a judgement against her, she cannot afford an attorney, she has a job but does not make that much money to take care of her and her daughter. We called legal aid they said she makes too much money. I guess in order to get help you have to be on welfare. You would thing this ca and his attorney would validate the debt first, we have asked this and to this day they have not, but yet continue to collect on this debt. The only thing I can think of is to sue in small calims court, In ohio you can sue upto $3,000. This is more that what they are claiming for the alleged credit card.

Any suggestions

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