Re: Statute of limitations for Credit card use.

Posted by CAK (66.140.213.103) on December 11, 2003 at 18:19:17:

In Reply to: Statute of limitations for Credit card use. posted by Drew on December 11, 2003 at 16:11:20:

You fight this type of attorney by then asking him/her to produce the Written Contract as it is defined. As there never was one, it can't be produced. So there can be no Breach of Contract because the contract doesn't exist. Quasi-Contractual means; an obligation to do something enforceable by a Contract Remedy. As there is no Contract, there is no need for any remedy by law.

You may say, but what if they produce the Application for Credit and the Revolving Credit Card Plan and some statements. This is still not a Contract. This only proves the existance of an Application, a CC Plan and some statements. However, if they provide the actual CC receipts showing your signature, you should then start to worry. These are a series of mini contracts with your signature agreeing to what is stated in your CC Agreement. They may then argue that the longer SOL should apply as with a Written Contract and most Judges if not all will agree at this point. I can assure you at this stage of the game, in your lawsuit it won't matter how you or anyone else defines a CC.

So... during Discovery, Interrogatories, Production of Documents, and Admissions, you should always ask for these signed CC Slips as well as the application, statement history copies and the Revolving CC Plan. If they produce everything and don't or can't produce the CC slips, they have no case, because they can't prove or verify the debts existance, and the Lower SOL will apply. Almost every one of these kinds of cases never settle in court, as they are decidedly won during discovery, and are settled out of court, along with a statement that will be signed by you that you may not reveal certain points of the case.

There is no need for any case law, just proper validation. If you have a good attorney, he/she will always ask for the above.

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