What is the name of your state (only U.S. law)? Indiana
Discover Card case still going on....
I have been arguing back and forth with the attorney on this case as the summary judgment was vacated because I was not allowed sufficient time to respond. My main argument is that the card holder agreement that they have submitted as an exhibit is dated 2009. The account was closed around 2008. How can they use an agreement that is dated after the account has been closed? Is this even legal? What defense can I use against this?
They also do not have the full account number listed anywhere on the statements that they have submitted as evidence as well as my physical address. They have a P.O. Box listed instead. Are there points for argument that can be made on that?
I am trying to have the legal fees they are seeking to recover removed form the claim since it is listed in the agreement that is dated past the date the account was closed. I am hoping that if the right to recover legal fees are removed I may be able to have the case sent to trial where it will make it more costly for them to defend without being able to get reimbursed for their fees.
Any suggestions on this?