Legal Question in Credit and Debt Law in California

Re: signed contract not available

More to the point, do -they- have a case without the original contract. Sometimes collection agencies file lawsuits they can't win just to bluff people into paying or not answering the complaint (in which case they get a judgment). Maybe they even waited too long to sue. You should consult an attorney for help in answering the complaint and formally requesting their evidence by means of a "discovery" request.

Re: signed contract not available

Consider what the $3400 in charges are for. If they are for products and services you purchased they can probably recover even without a signed contract. If they are for interest at 22%, then probably not. If the charges are more than 4 years old, you have a statute of limitations defense. If not, offer them the amount of money that will cover the cost of the purchases made by you, plus a reasonable rate of interest. They will probably settle and you will protect your self-respect, knowing that you have done the right thing.

Re: signed contract not available

You may have a defense if you were sued on a written contract. We would have to review the documents and pleadings that you have. Were you sent any collection letters?