[wbrettw1119]

I was in jail and my aunt signed the pre-approved application - invitation for a Capital One credit card (she did not have power of attorney for me). They are now suing me for the bad debt. Can I argue there is no vaild contract because they do not have my signature on the application? Someone else signed it so shouldn't this be not valid. I have made this point and they have provided me with the application signature and it is not mine. Do I have a case?

[JBeaucaire]

I believe you have half a case. To succeed in this cause I would think you would also have to pursue a cause of identity theft against your aunt. Without that, it may be more difficult (not impossible) to win this argument.

On the other hand, I would think you would WANT to pursue the ID theft case, so this shouldn't present a hardship for you.

[wbrettw1119]

It seems the statue of limitations has ran out on the identity theft angle (sept 2001). Should I still try to file charges or do something else?

[Fr_Chuck]

You have a case if you did not receive and use the cards, If they used them and charged things to you, you have a case for fraud.

If you accepted the cards after they came in , and you used the cards yourself, then you accepted the terms upon use. In fact you can apply for cards over the phone, or online without signing for them, and the mere usage is acceptance.

Now if you are willing to file criminal charges for fraud against this person, and claim they used the card not you, sounds like a good case.