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  1. #1
    Join Date
    Mar 2009

    Default Creditor Cannot Produce My Signature

    My question involves collection proceedings in the State of: IL
    Hello I have been disputing 2 accounts with a major Credit card provider. I have requested validation of my signature. The only reply I have received is "We cannot locat your signature the application may have been taken over the phone or via internet. My question is if they cannot produce my signature for a contractual obligation shouldn't the account information be deleted.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Creditor Cannot Produce My Signature

    Did you use the credit card or not? If you did, their ability to produce your signature on your application is irrelevant - you used the card thereby ratifying the agreement.

  3. #3
    Join Date
    Mar 2009

    Default Re: Creditor Cannot Produce My Signature

    Thank You, I will have to review some receipts and check the account numbers to be sure.

  4. #4
    Join Date
    Nov 2008

    Default Re: Creditor Cannot Produce My Signature

    You can beat these cases almost all the time if the plaintiff is a collection agency and not the original creditor. The older the debt the easier it is because it's less likely that the original creditor will be in court.

    The challenge for you if you don't hire an attorney is that you need to understand the rules and procedures of the court system. They will try to trick you into admitting it's your debt by sending you Request for Admissions. They may file a Motion for Summary Judgment with an Affidavit of Debt (and other documents) that will not be admissible at trial. You have to answer these timely and appropriately. They will rarely go to trial. They'll do everything to win by default or trick you to negotiate a settlement. If they do go to trial, you should know well before trial whether they have a strong case or not based on formal discovery. For example, they have to disclose to you what documentary evidence they will present and what witnesses they will call (but only if you know how to ask for it).

    As to the signature and a signed contract itself, they don't have to produce it to win, but it certainly helps your cause. They can claim an "implied contract" if they show that you used the credit card, but how will they do that? They have to produce evidence. They will try to trick you in to admit to specific charges and balances because they can't produce the evidence in court.

    The first thing you need to do is RESEARCH and file an answer to their claims to they can't win by default. But that's just the beginning.... you'll need to learn the code of civil procedure, rules of discovery and rules of evidence relevant to your state. Then you'll need to make sure you file the right documents at the right time and serve the right people. Then just watch as they dismiss the case before trial, or go to trial and you win because they can't produce the evidence.

    If they have your phone # then they will try to get you to settle and scare you silly.

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