Home
Public Forum
Credit Reports
Apply For Cards
Credit Directory
Credit Overview
Credit Problems
Credit News
International
Credit Glossary
Purchase Books
Credit Laws
Business Credit
Merchant Accts
   

Re: Sol-statutes of limitation


[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]

Posted by scott (65.25.99.145) on April 23, 2003 at 23:27:33:

In Reply to: Sol-statutes of limitation posted by Help Me! on April 23, 2003 at 16:20:47:

Make your case step by step. First we know this.
Open Acct.: 4
Written Contract: 6

Now I assume from your post that the debt is over 4 year but under 6 years?

The question is- is a credit card an open ended account or a written contract.
--------------------
First let us view the truth in lending act:
http://www4.law.cornell.edu/uscode/15/1602.html

(i) The term ''open end credit plan'' means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.
***Now we have federal law stating that a credit card is open ended to we move on to the next part you should print out in full and bring to court.
---------------------------------
http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.

----------------------------------------
Now let us examine georgia code:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=9-3-25
9-3-25.

All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.
--------------------
Here is the link to whychats proof under georgia law that excludes credit cards from being written accounts:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=11-9-102
48) 'Instrument' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.



Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:


[ Follow Ups ]   [ Post Followup ]   [ Credit Forum Index ]

 

    Top Of Page

  

Copyright © 1999-2003 Enkephalos Web Design