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    jhapka Posts: 1, Reputation: 1
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    Apr 20, 2010, 09:49 PM
    Being sued creditor
    My question involves an Adversarial Complaint on 1 (one) debt for $11K. They are accurate in their claim of me using the card within the 90 day time frame prior to filing Bankruptcy and I had been unsuccessful in negotiating a payment arrangement with the Creditor. The thing is: I am 95% certain that they (the creditor) had either never had, or misplaced, my Signed Credit Card Agreement. Why? The never included it with their complaint to the Court, they had failed to provide it after I had requested it on four (4) separate occasions, had danced around the issue when I asked them directly and when inversely addressing this issue they respond by saying "Are you denying that you made the charges".

    What defense do I have, if my Creditor has NO credit card agreement with my signature on it?

    Please advise.

    Thanks!!

    Jim

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