I have a pending case in a months time with a Credit Card company for breach of contract, I am the defendant. I filed a Denial and a Demand for Bill of Particulars for;
Proof of a signed contract, (original copies only)
Proof of service of all Documents
Validation of the debt, other than a consumer credit contract.
Verification form the original creditor under penalty of perjury that the creditor did not receive reimbursement from its insurance company in an amount exceeding the amount alleged.
I received:
copies of statements
copy of letter accelerating credit on card. (not received by me) with no proof of service
Copy of SSN card they have on file.
Whilst I understand that the above constitutes a contract existed, without the actual requested signed contract, how are they able to prove a breach? Also I understand they dont like to send out the contacts which is why I am requesting it, what are my next steps.
1. File discovery
2. Motion to dismiss for failure to state a course of action.