Re: Why Chat
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Posted by schlatman (205.188.192.182) on August 10, 2002 at 11:19:59:
In Reply to: Re: Why Chay posted by Why Chat on August 09, 2002 at 23:57:42:
I just got off the phone with the consumer attorney I found from Why Chat's site. He said that the SOL in Missouri is 10 years, even though it is a cc. He sites:
§516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; Written Contracts; §516.110
516.110. Within ten years:
(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;
Period of limitation prescribed. 516.100. Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued.
The key phrase, he says, is "except those mentioned in section 516.110" and that makes a cc a written contract. I'm not sure anyone can get a cc without signing a contract agreement.
Who is right here? Everywhere I've searched online says a cc in MO in an open account and is subject to the SOL of 5 years. He says all those telling me the SOL is 5 years are either telling me "what I want to hear" or "don't know."
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