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Cardmember Agreement vs Credit Card Contract

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What is the difference in a Cardmember Agreement vs Credit Card Contract? We got a copy of the OC's generic credit card legal stuff with the summons and complaint. Is that then a Cardmember Agreement and not a Credit Card Contract?

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http://www.allbusiness.com/legal/trial-procedure-suits-claims/13801855-1.html

"The appeals court said that Sec. 2-606 of the Code of Civil Procedure provides that if a claim is "founded upon a written instrument, a copy thereof, or of so much of the same is relevant, must be attached to the pleading as an exhibit or received therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her."

"The court said a "statement of account" and a "cardmember agreement and disclosure statement" were attached to the complaint. "This document is not the written credit card contract between defendant and Household Bank," the appeals court said."

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http://coa.courts.mi.gov/rules/documents/1Chapter2CivilProcedure.pdf

Rule 2.113(F)

(1) If a claim or defense is based on a written instrument, a copy of the instrument or its pertinent parts must be attached to the pleading as an exhibit unless the instrument is

(a) a matter of public record in the county in which the action is commenced and its location in the record is stated in the pleading;

(B) in the possession of the adverse party and the pleading so states;

© inaccessible to the pleader and the pleading so states, giving the reason; or

(d) of a nature that attaching the instrument would be unnecessary or impractical and the pleading so states, giving the reason.

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The only document one might possibly sign when opening a credit card account is the application. Otherwise, there is no "signed contract". The credit card agreement will usually state that your use of the card indicates you accept the terms and conditions of the cardmember agreement. Using the card therefore creates the "contract" or agreement between the cc company and the card holder.

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