Re: SOL Question
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Posted by CAK
(22.214.171.124) on November 15, 2003 at 19:16:35:
In Reply to: SOL Question posted by MarzBarz on November 15, 2003 at 17:26:09:
I believe as most do here on this forum in that Credit Cards are Open End Accounts and should be goverened by a lesser SOL. However, any attorneys that I have spoken to all agree that they are considered Written Contracts and should be governed by the higher SOL. In Missouri where I live, Credit Card debt is supposed to have a 5 year SOL. However you can't find an attorney or judge to support you. They all believe that if its for the payment of money that it should be 10 year SOL. No Judge is wanting to be the one to set precedence.
I have heard of people that have been successful in defending a lower SOL on Credit Card debt, I just don't know any. It takes a whole lot of guts to state as your Affirmative Defense, that the SOL has expired. It is worth a try though, you could get lucky and find a Judge that would agree. You will have to do your homework because I doubt your attorney will support your defense, and you may have to bring your case Pro-Se. I don't think you will find any supporting case law because I have been down that road. In my state of Missouri there are no known cases of the lesser SOL being applied for Credit Card Debt.
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