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Motion to Strike Credit Card Agreement

Make sure that if a junk debt buyer is suing you and has attached the customer agreement or credit card agreement that the copyright date on that agreement was when you had an account open with the original creditor.

This is one of their tricks, especially for people who are being sued for a very old credit card debt. Do you know how hard it is for them to have that original agreement with the terms and conditions that governed your account way back when? Well, in case you don’t, it is extremely hard for them to get hold of it. So, take a look at the agreement they gave you. Is the copyright year the same year that you had an account open? If not, you may want to look into striking that agreement like I did.

My story: I got sued, the complaint had a customer agreement and credit card statements attached. I checked the statements which showed the account was opened in 2002 and defaulted in 2003.

The credit card agreement was from 2005. Well, the 2005 customer agreement has no bearing on the account when I had it open in 2002 – 2003, does it? The terms and conditions governing a 2005 account do not govern the account I had open back in 2002 – 2003.

So, I filed a motion to strike that agreement and to dismiss the case. The reason I put dismiss the case was because I had this case dismissed without prejudice the first time around because the plaintiff failed to attach the agreement they were suing me under.

They received an extension of time to comply. They then submitted the card agreement and statements. But again, that agreement was from 2005 which was two years after I defaulted and had no bearing on this lawsuit. They were different terms and conditions.

In my motion to strike I put the below:

To strike plaintiff’s Exhibit A (copy of the customer agreement) because the customer agreement submitted by the plaintiff has a copyright date from the year 2005 (see attached) which has no bearing on this action. Plaintiff’s Exhibit B shows account dates from the year 2002-2004 with a default date of 2003. The fact that the plaintiff issued a particular agreement with particular terms is of little relevance in determining the actual terms of the alleged agreement before this Court. At bar, the plaintiff who has submitted a copy of a customer agreement has failed to provide the actual terms and conditions agreed to by the defendant.

I received an order from the court stating that there is now a hearing for the motion to strike and dismiss.

So, the plaintiff is going to have to explain to the judge why they submitted to the court a 2005 agreement that does not govern the account they are suing me under. All I really have to do is tell my side and that is 2005 agreement has no bearing on this action, the plaintiff was already given time to amend, the case was dismissed without prejudice the first time around and now should be dismissed with prejudice because the plaintiff is wasting time and stalling the court.

I will keep you all posted on what happens at that hearing.

Additional Information

  • avatar Mark

    “My question is I am also being suied by Capital One. The card was opened in 2002 defaulted in 2009. They submitted to the court a customer agreement copyrighted in 2005. Will a motion to strike credit card agreement work due to the fact it is not from the same year as when the card was opened?