LeroyM Posted July 26, 2007 Report Share Posted July 26, 2007 I have to be in court Monday. I did not request a copy of the CC contract. Can I make a request to the judge to see a copy of the CC contract with my signature the day of court?Or should I only make a motion to dismiss based on jurisdiction because I permanent reside in another state where I pay State tax and where my drivers license is located. Keep in mind I co-own property in the state where the CA filed the lawsuit. I no longer have Driver license for the state where the Lawsuit is being executed.I'm new to the site.IS THERE A LAWYER IN THE HOUSE? Link to comment Share on other sites More sharing options...
thegame26 Posted July 26, 2007 Report Share Posted July 26, 2007 Did you incur the debt in the state where the CA filed?Among things the CA should (must) present to win their case against youAccount statements/orginial contract/orginial termsitemized listing of chargeschain of custody establishedwithin sol Link to comment Share on other sites More sharing options...
swtguy Posted July 26, 2007 Report Share Posted July 26, 2007 Did you incur the debt in the state where the CA filed?Among things the CA should (must) present to win their case against youAccount statements/orginial contract/orginial termsitemized listing of chargeschain of custody establishedwithin solDepending on the state where she's being sued, this may be incorrect. In Texas, a creditor can sue on a sworn account affidavit without having to provide account statements. Link to comment Share on other sites More sharing options...
sje123 Posted July 26, 2007 Report Share Posted July 26, 2007 If they are suing you, it is their burden to prove that you owe the money. If they do not, then you can move for a motion to dismiss after they present their case. You don't need to do anything except take issue with what they present. If they do not present a contract with your signature on it, then you can use that in their case against you but I would definitely move for a motion to dismiss based on not meeting their burden after they present their case.If you have reason to believe you could be sued in the state you are being sued in, the court has jurisdiction. You don't have to live there. The law of jurisdiction is a reasonable belief that you could be hailed into court in that state. If your creditor's contract says "subject to the laws of state x" and they have ties to state X (corporate headquarters are there or they are incorporated in that state), you can reasonably assume you will be sued in that state. If you enter into a contract with someone who is in state X, you should have a reasonable belief that you could be sued in that state. If no one has any ties to that state, then you can't be. Link to comment Share on other sites More sharing options...
keith Posted July 26, 2007 Report Share Posted July 26, 2007 Credit cards applied for and approved on line will not have a signed agreement. Read the terms of contract when they mail with the card. It will have language stating agreement begins when fees (ie:annual, etc.) are placed on account, or when you recieve it, whichever occurs first. When you use the card itself, you are locked into the agreement. No signature on actual agreement is needed. So if this is how you got the card, there need not be a signed agreement. Link to comment Share on other sites More sharing options...
sje123 Posted July 26, 2007 Report Share Posted July 26, 2007 it's called constructive agreement. If you use the card, you agree to the terms. When my CC company tried to jack up my interest rate, I objected. They said that the interest rate would stay the same UNTIL I used the card, then that was my agreement to the interest rate hike. Believe me, I never used the card. Link to comment Share on other sites More sharing options...
LeroyM Posted July 26, 2007 Author Report Share Posted July 26, 2007 I got the card in mississippi. When i got the card i had no ties to the state of texas. I'm being sued in(Texas). All the transactions that were done on this CC was in Mississippi. Now I am a co-owner of a home in Texas, they are suing me there. Although my permanant resident an Driver License is in Mississippi do they still have jurisdiction in texas? Link to comment Share on other sites More sharing options...
sje123 Posted July 26, 2007 Report Share Posted July 26, 2007 you have ties to Texas and they probably do as well. It has to be INCONCEIVABLE that you would be sued in that state for it to be the wrong jurisdiction. Where are their headquarters? Where are they incorporated? Did they have your Texas address?If they have ANY ties to Texas, they can sue you there. If you have any ties to Texas and it's reasonable to sue you there, you can be sued there.If they are in Texas in any capacity, they can sue you there. Link to comment Share on other sites More sharing options...
LeroyM Posted July 28, 2007 Author Report Share Posted July 28, 2007 I have no clue on whether Chase ManHatten has headquarters in Texas. Any suggestions on how to find this out? Link to comment Share on other sites More sharing options...
LeroyM Posted July 28, 2007 Author Report Share Posted July 28, 2007 They have my former texas address. Link to comment Share on other sites More sharing options...
LeroyM Posted July 28, 2007 Author Report Share Posted July 28, 2007 Who has to have ties to Texas? CA or OC? The OC does but not CA who is an assignee of the OC. Link to comment Share on other sites More sharing options...
keith Posted July 28, 2007 Report Share Posted July 28, 2007 they are in texas, and probably all, or nearly all 50 states. i'm sure they are no bound by the borders of miss. You need another angle. call an atty. Link to comment Share on other sites More sharing options...
keith Posted July 28, 2007 Report Share Posted July 28, 2007 google: chase manhattan in texas Link to comment Share on other sites More sharing options...
Recommended Posts