I never signed a contract with creditor

Submitted by unknown on Fri, 11/13/2009 - 22:11
Forums

I got a credit card over the phone. I never signed a contract. Now they are suing me. Can the case be dismissed based on the fact that there is no written/signed contract? They only attached a copy of a statement to the complaint. I filed a timely motion to dismiss but it was never set for hearing or heard and the court signed a final judgement. What do I do now?

There a different kinds of contracts not only signed ones. So I guess if you did it over the phone then you have a verbal contract with them. I believe as long as you gave them your ss number it is a legal contract. So you are responsible for paying it.

Fri, 11/13/2009 - 22:20 Permalink

This is true. Also your call should have been recorded. Usually at the beginning of a call it will say "this call is being record for" and list several different reason. If you responded in a timely manner then I would see if you could file for a motion to vacate the judgment. Let them know you never had the court hearing. This may help. I do believe there is a time limit on how long after the judgment was issued that you have to file for the vacation of the judgment. Call your court house and see.

Thu, 01/14/2010 - 14:58 Permalink