One thing that has worked in court for Credit card collection....
- --- Anthony wrote:
The Demur's have not worked in court with regard to credit card
The ONLY thing I know of that makes the debt go away and
provides you something (dismissal) to clear your credit is to
deny the account in court... In discovery, you have the right to
ask for a copy of the original signed application /
contract...and copies of the individual charge slips (the only
evidence of indebtedness) for the following two reasons... 1) so
you / the court can see how the plaintiff determined the total
amount of the claim and 2) so you have an opportunity to dispute
any of the individual charges.. Once the court orders the
plaintiff to provide these very reasonable things and they fail
to produce them.. You put in a "Motion for Sanctions" below...
MOTION FOR SANCTIONS
COMES NOW , pro se, defendant, does
hereby state that the court did direct Plaintiff to disclose of
all types and nature, including but not limited to individual
charge slips and any and all documentation evidence that showed
an indebtedness by Defendant to Plaintiff.
The production of these documents by the order of the court,
were to be given to Defendant not later than the
day of March 2003.
Plaintiff has failed to follow this courts direction and the
Defendant seeks sanctions against Plaintiff for their willful
wanton disregard of the courts order.
This Defendant as provided by Supreme Court rules hereby
requests that sanctions be issued against Plaintiff by ordering
a dismissal of Plaintiffs law suit or in the alternative, to
preclude the admission of any evidence of alleged charge slips
made by Defendant on the alleged credit card.
Justice requires as well as rules of discovery a full and open
disclosure of material and relevant items of evidence. The items
of evidence requested by Defendant are compelling material and
WHEREFORE Defendant hereby requests this court to strike and
dismiss Plaintiffs petition, or in the alternative to preclude
any evidence or testimony regarding any alleged charges or
indebtedness by Defendant on the alleged credit card.
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