iviguy Posted June 27, 2005 Report Share Posted June 27, 2005 Is there some contract law or something in the statute of frauds that states that in order for the OC and I to be legally binding in contract that it has to be in writing? ie.. in order for them to file a complaint they must show that we were in a binding contract with my signature agreeing to the terms. Or is a simple billing statement enough evidence to show a contract exists? Link to comment Share on other sites More sharing options...
divemedic Posted June 27, 2005 Report Share Posted June 27, 2005 Depends on the situation and what the bill is for. For example, ever sign a contract for an electric bill? Link to comment Share on other sites More sharing options...
iviguy Posted June 27, 2005 Author Report Share Posted June 27, 2005 Depends on the situation and what the bill is for. For example, ever sign a contract for an electric bill?Sorry, this is for a CC. Trying to create a motion to dismiss and was wanting to on the basis the CA not having a signed contract by me proving I had an agreed on the terms. Link to comment Share on other sites More sharing options...
willingtocope Posted June 27, 2005 Report Share Posted June 27, 2005 Actually, I think CC's are covered pretty much by the Terms and Conditons (the fine print) that they send out with the card. It basically say that you, the dumb consumer, agree pretty much to get screwed over by anything they care to do by using the card. First use is pretty much your part of the contract... Link to comment Share on other sites More sharing options...
divemedic Posted June 27, 2005 Report Share Posted June 27, 2005 Using the card constitutes acceptance of the terms of the card... Link to comment Share on other sites More sharing options...
breathing_easier Posted June 27, 2005 Report Share Posted June 27, 2005 If you apply for a credit card online you don't sign a contract. Link to comment Share on other sites More sharing options...
iviguy Posted June 27, 2005 Author Report Share Posted June 27, 2005 Using the card constitutes acceptance of the terms of the card...Ok, I was hoping to have a bargaining leg to stand on to motion to dismiss this complaint. I want to try to settle but if I answer the discovery I am afraid that the lawyer will find no reason to settle when he can get a judgement. Link to comment Share on other sites More sharing options...
Methuss Posted June 27, 2005 Report Share Posted June 27, 2005 Every time you sign a credit card receipt at a store/vendor you are agreeing to pay that amount per the terms of agreement. Each receipt is it's own agreement to pay contract.Technically, a credit card company can only strictly-prove the amount you owe by producing copies of the receipts you signed. Digital signatures (such as those used on pin/pad devices) are legally binding under the Electronic Signatures Act (thanks Clinton!?!) as are web-click-thorughs and electronic agreements to pay as used on web-sites as long as it is uniquely identifiable to you (usually via IP logging). However judges tend to lean toward the credit card company...they are soooo honest after all (sarcasm). Link to comment Share on other sites More sharing options...
Recommended Posts