[mrIbis]

I have received a notice of hearing , set for 12/14/09. The plaitiff's attorney included a motion to appear by telephone , stating the hearing won't last in excess of 15 min.
It appears that the motion was granted by the court. Is there any way I can have the attorney requested to appear in person? The hearing is for a summary judjement on credit card debt. The plaitiff has not been able to show proof of a contract between myself
And the credit card co. I intend to go to the hearing and defend on the basis I can not deny or admit to the accusations with out proof of a writtenand signed contract between myself and the credit card co. Any other advice for my appearance in court. Thank you.

[ScottGem]

Whether the attorney appears by phone or not, doesn't matter, he still has to produce the documents in court.

I assume you have sent the plaintiff a formal request for the documents. So you go into court and show the formal request and explain to the judge that no verification of the debt has been provided and ask for a dismissal with prejudice.

It is possible that the plaintiff has or will messenger the documents to the court prior to the hearing.

[mrIbis]

Whether the attorney appears by phone or not, doesn't matter, he still has to produce the documents in court.

I assume you have sent the plaintiff a formal request for the documents. So you go into court and show the formal request and explain to the judge that no verification of the debt has been provided and ask for a dismissal with prejudice.

It is possible that the plaintiff has or will messenger the documents to the court prior to the hearing.

Yes, I have sent in my formal request's for proof of the account , the only items they have produced were statements of account , no contracts , or proof that the account is mine.
They sent me one affidavid of a witness , who is just a person that works in the records dept. It seems pretty standard protocol for the plaitiff to have a witness from the records dept. but it still does not prove the account is mine or was opened by me. I sure a contract has to be presented for anything to be valid . Is that right ?

Thank you.

[ScottGem]

It may not necessarily be a contract. But some proof that you agreed to open the account. More than statements.

[mrIbis]

Well it seems it does not matter if the CC companies only have statements . I had my hearing today on a summary judgement
And the only thing the plaintiff had was a few months statements and an affidavid from a person in the records dept. I asked the judge for the plaintiff to provide proof that the account was mine . And he just asked me if it was my address on the statements
And I said yes. Then he ruled for the summary judgement . The CC companies have us all by the throat and they will get their way. A warning to everybody who reads this , STOP DOING BUSINESS WITH CREDIT CARD COMPANIES . I have cut up my cards
They will not get a dime from me either freely or by judgement. Watch out for AMEX it is best to live life without it.