Jump to content

Is written contract required in lawsuit


drmike
 Share

Recommended Posts

Does a credit card company have to provide the original or copy of the original signed contract to have a valid claim in lawsuit. I have served a request for documentation and they are unable to provide this. Also, what law can I site stating the requirement of a written signed contract in pennsylvania?

Thanks dr mike :confused:

Link to comment
Share on other sites

and the judge!

In my state the consumer law requires it BE PRODUCED BEFORE JUDGMENT CAN BE RENDERED! (but only if you request it).

However, in my experience judges, will ignore it. That is why I currently have a case on appeal, on this exact issue.

I suggest not to hang your defense on this issue alone.

Do a search on "account stated" or "quantum merit" are two theories that can get you racked up on judgment without the contract.

Even in my state, debt lawyers can use that. The state law I mentioned in WI is only invoked if you make the request in your answer.

Try and find PA consumer law statues. Read them ten times with the annotations. Consumer law, most of the time, is the best law for the pro se' consumer on defense.

Link to comment
Share on other sites

Does a credit card company have to provide the original or copy of the original signed contract to have a valid claim in lawsuit. I have served a request for documentation and they are unable to provide this. Also, what law can I site stating the requirement of a written signed contract in pennsylvania?

Thanks dr mike :confused:

Can you give us more details of the situation you are in? ie what is the debt who is trying to collect it, who owns it etc?

Link to comment
Share on other sites

The most common reposnse to a request for a written contract from a credit card company I have ever heard is it was an online application therefore we dont have and dont have to send it to you.

This is probably the reason a judge will dimiss the fact that a contract is not avaiable or will not consider it in court as evidence.

Link to comment
Share on other sites

Does a credit card company have to provide the original or copy of the original signed contract to have a valid claim in lawsuit. I have served a request for documentation and they are unable to provide this. Also, what law can I site stating the requirement of a written signed contract in pennsylvania?

Thanks dr mike :confused:

Whether the Plaintiff has to provide a copy of the signed contract depends primarily upon whether they are attempting to recover under breach of contract or some other cause. If they are not relying on the existence of a contract, rather some other theory (like account stated or quantum meruit), the existence of a contract is not material.

Link to comment
Share on other sites

In most states, contracts are NOT absolutely required, unless they are suing under 'breach of contract,' specifically.

On the other hand, simple usage of the card or instrument usually is a strong indicator that the card or instrument is the debtors', and an 'account stated' argument may apply.

Most judges need only a statement or two to determine whether or not an account is valid.

So beware.

Link to comment
Share on other sites

it's a citibank credit card, it is the original creditor who is suing so i assume they own the debt; have gotten opinions as to relevance of the contract, but anybody know where i would get specific written contract requirements in pa?

thnks drmike

Link to comment
Share on other sites

it's a citibank credit card, it is the original creditor who is suing so i assume they own the debt; have gotten opinions as to relevance of the contract, but anybody know where i would get specific written contract requirements in pa?

thnks drmike

see if your court house has a Law libary, "usually" you can ask the people there for what your looking for , " contract laws' and they can point you right to it BUT they can not give you advice..

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.