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Re: Written Contract or Open Account


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Posted by CAK (66.140.213.156) on December 16, 2003 at 17:06:30:

In Reply to: Re: Written Contract or Open Account posted by LadynRed on December 16, 2003 at 15:44:18:

While anyone that has spent any time on this forum understands and believes what LadynRed is talking about, the fact remains that, you will be hard pressed to push this off on your attorney or a Judge. The problem is, not in the way Open Accounts and Written Contracts are defined, its because there is one part of a CC that is similar to a Written Contract, i.e., mini Written Contracts. All of those signed CC slips that you sign are in fact, Written Contracts, agreeing to pay according to the terms of the CC Agreement. So all they need to do to prove all those mini Written Contracts, is produce the agreement and those CC slips with your signature and I can assure you the Judge will apply the longer SOL. The differences in the two at this time, just doesn't matter. Some Judges will even take less validation, such as statements, copy of checks, the Original Application the rest he will believe is implied and once again the longer SOL will apply. Your best chance at winning one of these is not in court, but in discovery, when you ask for all of those mini Written Contracts along with the other items. If there was any Case Law regarding CC debt and the lower SOL being applied, then all you would have to do is cite the case law. However, as of today December 16, 2003, I know of no such Case Law that exists. I'm not interested in all the reasons and excuses, why there is no Case Law. So until there is solid Case Law or specific Statute's that deal with CC and the lower SOL, I wouldn't look for any significant improvement in this area for a long time to come. I believe your chances are much better at winning the CC Game of Life, if you ask for complete validation of the debt in discovery, rather than try the shorter SOL.


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