Re: Copy of Signed contract
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Posted by JR
(4.3.194.66) on December 22, 2003 at 21:17:07:
In Reply to: Copy of Signed contract posted by Horeheym on December 22, 2003 at 20:57:22:
If you knew that the debt was yours - did you really think you could find a way out once they take you to court?? Once you're in court there is no "they didn't validate" defense. When they asked for summary judgment they had to have some proof to submit as an exhibit. I guess that would be the signed contract! Now, it appears, that the only question is how much are you liable for (assuming as it seems that it IS your credit card). I doubt than they are even going to entertain a settlement offer unless it comes pretty close to what they claim you owe. If it's your contract, your signature, your charges on the card - the only thing you accomplish by fighting in court is that the legal fees - which you're probably going to have to pay - continue to go up and the potential judgment against you gets higher and higher. If they have violated the FDCPA or FCRA you can have counterclaims or a separate lawsuit and that could give you some "bargaining chips". You can't get summary judgment for lack of validation. The lack of validation doesn't mean anything except that they violated the FDCPA.
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