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Re: SOL time barred lawsuit - Question for Whychat


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Posted by Jade (216.130.15.6) on August 18, 2003 at 02:10:32:

In Reply to: Re: SOL time barred lawsuit - Question for Whychat posted by Rlee from OH on August 18, 2003 at 00:27:02:

The CC in question isn't a store CC so contract for sale wouldn't fit. CAs and their lawyers like to call CCs written contracts in those states where the SOL on them is longer, especially Ohio's absurd 15 year SOL. There is a statute that specifically excludes a CC from being called a written contract, but I also know that there are certain things that must be fulfilled before something can be called a contract. I don't think a CC application fulfills those requirements, but I'm wondering if those requirements are spelled out somewhere in the Ohio codes that could be used to further the defense that CCs are not written contracts and do not have a 15 year SOL. In my case, I don't think the UCC will be of any help to me.


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