My wife is being sued for breach of contract in the state of Washington, in the United States of America. The allegation is that she opened a credit card account, made a single charge, and failed to pay it off. I have no knowledge of what she may have done, and because it was 4 years ago she has no memory of the event. (And I think she is being totally honest.)
We suspect Identity Theft, but would pay what is owed if the plaintiff were able to show that it is a legitimate claim. We offered as much, and expressed in good faith a desire to meet and settle out of court. The attorney ignored us, and proceeded to file a motion for summary judgement.
The plaintiff is a collection agency, not the original bank where my wife allegedly opened the account, and they have not been able to produce a signed credit card application or any other evidence showing that she knowingly and willingly entered into an agreement with them.
I think that this is a no brainer, (no contract no claim, right?!) and I have drafted a lengthy rebuttal to every erroneous statement of fact they have listed in their motion for judgement. Before I go through the bother of submitting a motion to dismiss to the court I just wanted to ask if my presumption is valid.
If all they can produce is a photocopy of a bank record of an account in her name, and cannot prove by her signature (digital or otherwise) that she knowingly and willingly entered into a contractual agreement, and we swear under oath that we have no knowledge that she ever did, and allege that the most likely explanation is that she is a victim of identity theft, what are the chances that the judge will dismiss?
Wouldn't breach of contract require, as a minimum, material evidence that a contract was in play?!