Some Case Law You can Use

[Defendant9]

Capital One Bank, N.A. v. Spicer, No. 2009-774, COMMON PLEAS COURT OF CENTRE COUNTY, PENNSYLVANIA, 2009 Pa. Dist. & Cnty. Dec., August 6, 2009, Decided

OVERVIEW: A credit card issuer's attachment of an unsigned, undated customer agreement was insufficient to meet the pleading requirements of Pa.R.C.P. No. 1019(i) with respect to its action against a credit card holder, seeking to collect on a credit card debt; 12 C.F.R. § 202.12 did not excuse the requirement of attachment of a signed, written agreement.

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Resurgence Fin, L.L.C. v. Lawrence, NO. 01-08-00341-CV, COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON, 2009 Tex. App., October 8, 2009, Opinion Issued

OVERVIEW: Creditor that failed to attach the parties' credit card contract to its petition alleging unpaid credit card debt was not entitled to judgment based on the debtor's failure to file a verified denial because a credit card collection suit, when the card's issuer did not provide goods or services, was not a suit on account under Tex. R. Civ. P. 185.

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Centurion Capital Corp. v. Druce, 29303/06 , CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY, 2006 NY Slip Op 26521; 14 Misc. 3d 564; 828 N.Y.S.2d 851; 2006 N.Y. Misc., December 21, 2006, Decided

OVERVIEW: Trial court granted the alleged debtor's motion to dismiss the assignee's complaint seeking to recover a debt owed under an alleged credit card agreement; the assignee was a debt collection agency under Administrative Code of the City of NY § 20-489(a) and could not collect because it was not licensed as such.

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MBNA Am. Bank v. Straub, 5138 CVN 2006 , CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY, 2006 NY Slip Op 26209; 12 Misc. 3d 963; 815 N.Y.S.2d 450; 2006 N.Y. Misc., May 25, 2006, Decided

OVERVIEW: Petition to confirm a credit card debt arbitration award under N.Y. C.P.L.R. 7510 was denied because no agreement with an arbitration clause had been tendered, there was no supporting affidavit establishing that any such agreement was binding, and the notice of the arbitration and of the award had not been served as mandated by N.Y. C.P.L.R. 7506.

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Young v. Am. Express Co., No. 06-01-00035-CV, COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANA, 2001 Tex. App., October 25, 2001, Submitted , October 26, 2001, Decided , PURSUANT TO THE TEXAS RULES OF APPELLATE PROCEDURE, UNPUBLISHED OPINIONS SHALL NOT BE CITED AS AUTHORITY BY COUNSEL OR BY A COURT.

OVERVIEW: Court erred in granting summary judgment in action to collect credit card debt brought as sworn account based on cardholder's failure to file sworn denial as sworn account provisions of rule of civil procedure did not apply to credit cards.

[DCusr]

Thanks for the information. Anybody come across case law relating to these master trust or servicers claiming they are the OC or have rights to alleged debt?