cuthatcard Posted January 25, 2008 Report Share Posted January 25, 2008 Is an application a written contract? If so, any/everything one applied for, credit, jobs, housing, insurance, etc would be considered a contract even though you may not get the job, get the credit, get the insurance or get the housing...Am I right?Application does not = contract? An application is just that, an application identifiying names, person info, work history, education history banking history, housing history, driving info, etc! Can/will this be enforced as a CONTRACT?If this is considered NOT a contract, why not? Link to comment Share on other sites More sharing options...
isislc Posted January 25, 2008 Report Share Posted January 25, 2008 Is an application a written contract? If so, any/everything one applied for, credit, jobs, housing, insurance, etc would be considered a contract even though you may not get the job, get the credit, get the insurance or get the housing...Am I right?Application does not = contract? An application is just that, an application identifiying names, person info, work history, education history banking history, housing history, driving info, etc! Can/will this be enforced as a CONTRACT?If this is considered NOT a contract, why not?IMO an application is NOT a contract. This is why..An application is more or less like a screening process to see whether or not you're a good fit/candidate/risk to extend their services/position to. Once you're hired/eligible for credit or service per say, then you start filling out all the paperwork that is contractual and finalizing of the selection process. So you're in essence looking at 2 phases of the process, first is the screening then if all is approved then the contract is offered.Ex. application for a loan, approved, then promissory note is signed and validated by both partiesApply for an apartment, approved, both parties sign a lease agreementApply for a job, hired, both parties sign all necessary documents between HR and new employee. This usually includes a rules and regulations that you agree to follow.Hope this helps. Link to comment Share on other sites More sharing options...
jq26 Posted January 25, 2008 Report Share Posted January 25, 2008 Anything can be a contract. You could write one on the back of a napkin and have it be binding. many contracts aren't even written down. Some are oral. What makes it a contract are the specific terms you agree to. Not every contract has CONTRACT written on the top. So long as it doesn't amount to a one-sided promise only (lacks consideration) OR it is against public policy (I agree to kill your mother-in-law for $100), it is usually enforceable, assuming no duress (sign or I shoot you) or unconscionability (in .00005 fontsize I add that you agree to give me your house for $1). If your application has you agree to certain terms then it could be valid. Most credit card terms don't kick in until you activate your card. But your question is way to general to answer until you fill it in with details. Link to comment Share on other sites More sharing options...
cuthatcard Posted January 26, 2008 Author Report Share Posted January 26, 2008 But your question is way to general to answer until you fill it in with detailsWell, the JDB, so far, cannot find an application for a alledged debt. They have asked for more time, judge allowed 30 more days. I am anticipating that they produce an application or/and sales slips, if any evidence what-so-ever, as this alledged debt is nearly 7 yrs old. How could an application be a written contract? How could a sales slip be a written contract? Does not all elements have to be included in a written contract? Does a written contract have to be signed by one(me) or both parties? Would not an account, in therory, change from month to month based on balances. If it were a credit card account, therefore each month a new written contract be produced? (If one claims it is a written contract vs. open end revolving)There would only be 3 ways I know of where there is any written docts. possible. 1. Signed Application 2. signed sales slips 3. possible copies of written checks paid on the account. (#3-) does a check always mean a written contract?Just trying to find out if an application IS a written contract. Just a simple CC application..Would the court say it is as in my state. Open end is not in the statutes. It says other contracts 5 yrs, written contracts 15 yrs. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 26, 2008 Report Share Posted January 26, 2008 the "contract" portion, when dealing with CCs..seems to be when you sign the slip, where you aree to be bound by the terms of the cardholder agreement.... Link to comment Share on other sites More sharing options...
cuthatcard Posted January 26, 2008 Author Report Share Posted January 26, 2008 the "contract" portion, when dealing with CCs..seems to be when you sign the slip, where you aree to be bound by the terms of the cardholder agreement....Would not all CC transactions be written contracts if the above is correct. I have never read nor saw different cardholder agreements for different states. Such as Maine is different than Florida who is different than Nevada and so on. They are all the same. If all are the same, would a sales slip indicate a written contract per each states statutes/codes? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 26, 2008 Report Share Posted January 26, 2008 Sure, if one judge ruled the country. That's how we get different interpretations of a single law. Plus, the language with each STATE differs. some say written contract, some say written agreement. Fine hair splitting, but important nonetheless. Link to comment Share on other sites More sharing options...
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