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Author Topic: Case Law Help!  (Read 2141 times)
Dolphin
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« on: September 21, 2011, 10:26:30 AM »

Being sued for credit card here in Florida. Plainitiff admitted they have no signed contract. They did send me alot of CC statements though. Can they win against me without a signed contract? If they can't, does anyone know of  any case law I can use?

 
« Last Edit: September 24, 2011, 12:44:32 PM by Dolphin » Logged
cmart56
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« Reply #1 on: September 26, 2011, 02:29:14 PM »

yes,a creditor or collection agency can prevail without a written   contract.you did not indicate if you are being sued in small claims court,county court  or circuit court.also,under what theory or cause of action is the plaintiff suing you?.is the complaint based on a breach of oral contract?or account stated or unjust enrichment.these causes of action are  used by ca or jdb and they do not need to provide the written contract.i think you should post the complaint after you redact your personal info so that other members can give you input.you need to provide more information.
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