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  1. #1
    Join Date
    Jun 2018
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    Question Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    My question involves collection proceedings in the State of: Texas

    Do credit card statements showing both payments to a credit card company and a name/home address from which these payments originated (and nothing else) constitute evidence of a contract between the named resident at the address and the credit card company?

    Also, can you recommend a book or article I could read to understand this law myself?

    EXAMPLE

    I (defendant) show up in court re: a credit card account I know nothing about and never made payments to.

    Plaintiff (debt collector) claims that credit card statements issued to them by credit card company which list my home address in addition to payments from this address to the credit card company constitute evidence of a contract between me and credit card company and that I in fact did own this credit card

    Judge gave plaintiff “1 week to form cogent legal argument” for why their credit card statements prove I in fact owned this card and have a contract with the credit card company after which she will either dismiss or rule in favor of plaintiff.

    Is plaintiff right?

  2. #2
    Join Date
    Oct 2016
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    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    No the contract proves a contract.

  3. #3
    Join Date
    Jun 2018
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    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    Thank you

  4. #4
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    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    Is this a real case? If so, you need to better explain the facts.

    This type of situation normally arises when a person who is named on a credit card denies having entered into a contract with the credit card company. The credit card company points out that the person who denies having made the application for the card is named on the card, received the card at his or her home, later received bills for the card at that address, and that those bills were paid. That pattern of use and payment makes it very difficult to avoid being held to the credit card contract.

    If this is a case in which the credit card company is alleged to have sent a card that was not solicited, or where the card is alleged to have been obtained as the result of the actions of a third party (e.g., somebody applies for credit in your name, with the card coming to your home), then the use of the card and payments on the bill are circumstantial evidence that the person at the address nonetheless accepted the card and the obligation to repay the debt. The full terms of the credit card contract don't have to apply in order to enforce repayment.

    If this is a case where the person received a card intended for somebody else and used it anyway, then the person should feel lucky that this is being pursued as a civil matter instead of as a criminal matter.

  5. #5
    Join Date
    Oct 2014
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    6,636

    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    Quote Quoting PayrolGuy
    View Post
    No the contract proves a contract.
    The billing statements are evidence that helps to prove a contract existed. What it does not do is prove all the terms of the alleged contract.

  6. #6
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    Oct 2016
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    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    To a certain extent I agree. Actually, after thinking about it, most credit cards USED to have verbiage that said, "Use of this card .... the agreement." I just looked at the cards I have and none of them have that on them now. A billing statement might still say that.

  7. #7
    Join Date
    Feb 2008
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    1,017

    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    from what I have heard (and living in TX for 42 years), you would need to file a stolen card/fraud case against the person who actually used the card. It seems pretty obvious that it is someone who lives close to you if not in your household since that is where all the cards/bills came. (My MIL got a card in my SILs name....and spent it up. SIL didn't know about it for a couple of years since they lived together. In the end SIL was liable unless she was willing to make a police report against her mom - -and this all happened in TX) But who knows what credit card contracts state these days. I would want a copy of what they are claiming to be the contract and when I signed/acknowledged it.

  8. #8
    Join Date
    Oct 2016
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    Default Re: Do Credit Card Statements Imply Existence of Contract with Credit Card Company

    I don't think that is the case here, hr for me. I think the OP asked for proof in court that HE had made the agreement with the CC company and the CC company said the statement was the proof.

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