New York, NY asked in Consumer Law for New York

Q: What document does a plaintiff have to show to sue for a credit card breach of contract

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1 Lawyer Answer
Anthony J. Pietrafesa
Anthony J. Pietrafesa
  • Consumer Law Lawyer
  • Albany , NY
  • Licensed in New York

A: Generally, plaintiffs will not attach any documents to their complaint. However, at trial or in a motion, they have to show 1) that you applied for a card, 2) that a card was issued to you, 3) that you used a card, and 4) that there is a history of payments.

HOwever, contrary to a lot of internet jabberwocky, a creditor does not have to come up iwth an application with your signature on it. Many times it is sufficient if they can produce statements with your name and address and a history of charges, payments and credits ( subject to your defenses)

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