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Re: Credit cards: open vs written in GA
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Posted by CAK
(66.140.213.114) on December 10, 2003 at 10:15:48:
In Reply to: Credit cards: open vs written in GA posted by Georgia Peach on December 10, 2003 at 07:37:18:
If the CA or the Attorney has provided proper validation of the CC debt, and provided the agreement has not been rescinded by a breach of the Agreement, by the alleged lender, each and every CC receipt is a mini contract. If you read your receipt, it says "I agree to pay the above amount according to the Credit Card Agreement". You then sign your name to it. If they provide these receipts as part of validation, along with the Revolving Credit Plan Agreement. The debt WILL BE cosidered the same as a Written Contract and will be governed by the higher Statute of Limitations. It won't matter about the TILA or anything else. This is why you need to attempt to have them provide the actual receipts and the Original Revolving Credit Plan Agreement in some sort of Interrogatories to them. Even though I believe CC are not considered to be Written Contracts, it can be proved by the procedure I described. When they can't provide all validation, then you can use the lower SOL as they don't have a complete contract. Before you state the Statue of Limitations as your affirmative defense, make sure they can't validate, per the above.
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