Legal Question in Credit and Debt Law in California
What constitutes contract with Credit Card Company?
Hi, I have successfully dealt with and even won a debt collection case about a year ago with a scavenger debt collection agency, mostly due to the fact that they could not produce any documents showing that the credit card debt was valid. I am now being pursued by another collection agency for another credit card debt where they have a copy of a scanned acceptance agreement with my signature. Nowhere on this document is the original creditor's name/company. Just my social security number and my signature. I had two other credit cards that were applied for by mail the same year (2002) that were paid off and closed in June, 2002. This collection debt they are currently chasing was charged off in 2004 and sent to collections 180 days later. My question is: Can this acceptance agreement with my signature be used as legal evidence of a contract with the original creditor even though the credit card company's name is not on this document? Also--How do I know this debt collection agency is the legal assignee for this credit card company?
1 Answer from Attorneys
Re: What constitutes contract with Credit Card Company?
A - Yes, the signature could be acceptable. It may be subject to various legal doctrines, but they can probably get around those.
B - You find out if they are the legal assignee in discovery.