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I got a credit card over the phone. I never signed a contract. Now they are suing me. Can the case be dismissed based on the fact that there is no written/signed contract? They only attached a copy of a statement to the complaint. I filed a timely motion to dismiss but it was never set for hearing or heard and the court signed a final judgement. What do I do now?
There a different kinds of contracts not only signed ones. So I guess if you did it over the phone then you have a verbal contract with them. I believe as long as you gave them your ss number it is a legal contract. So you are responsible for paying it.
did you use the card?
If you used the card and paid the bill then you have implied agreement with the terms that were mailed to you with the card.
This is true. Also your call should have been recorded. Usually at the beginning of a call it will say "this call is being record for" and list several different reason. If you responded in a timely manner then I would see if you could file for a motion to vacate the judgment. Let them know you never had the court hearing. This may help. I do believe there is a time limit on how long after the judgment was issued that you have to file for the vacation of the judgment. Call your court house and see.