henry1018 Posted May 4, 2009 Report Share Posted May 4, 2009 Does there exist a statute that says that an invoice for the sale of merchandise must contain a signature of the buyer somewhere to be enforceable by a court? I would like to file a motion for summary judgement on the grounds that about 50% of the Plaintiffs claimed invoices lack my signature. I, of course, am willing to pay the ones that have my signature but I'm looking for legal grounds to claim that I can not be held liable for any invoices that lack my signature since there is no way for the Plaintiff to prove that I received those goods ( other than a possible testimony from the delivery driver). Thanks in advance!! Link to comment Share on other sites More sharing options...
Saint Posted May 4, 2009 Report Share Posted May 4, 2009 You might find something in the credit card contract. If not in the contract between you and the card company, it might appear in the contract between the credit card company and the vendor. Link to comment Share on other sites More sharing options...
trueq Posted May 6, 2009 Report Share Posted May 6, 2009 It will generally say that some sort of acceptance must be communicated.Most commonly that is a signatureThere is probably a section labled "Delivery and acceptance of goods" or something similar.The UCC is dry reading and very complex.However, they may say acceptance was oral, which subjects it to "oral" Statue of limitations which you need to then assert as a defense.Many times Oral contract have a limitation of 1 year in enforcement. And it turns into a "he said, they said" scenerio. Link to comment Share on other sites More sharing options...
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