Re: Written Contract or Open Account
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Posted by CAK
(66.140.213.138) on December 17, 2003 at 00:56:47:
In Reply to: Written Contract or Open Account posted by Justapauper on December 16, 2003 at 15:33:51:
K.R.S. 413.120 Breach of Contracts not in Writing. 5 year SOL K.R.S. 413.120 (10) An Action upon a Merchants. account for goods sold and delivered, or ANY article charged in such STORE ACCOUNT. (This also carries the 5 year SOL). K.R.S. 413.130 Actions upon Merchants Accounts. 5 year SOL. This is why the attorney is confused and unsure of himself and rightfully so. You can't just cite the Statute, you've got to prove that it is relevant to your cause. People have been trying to apply the lower SOL for CC debt for quite a few years. It hasn't worked yet. It is preached here religiously, but I havn't even seen anyone on this forum win by using the defense that the SOL has expired. I've heard of them, just nobody will say who these recluses are, and show some kind of proof. Thats not much to ask for. If someone out there has won using the lower SOL for CC Debt, please post transcript of your case for proof along with case number so it can be verified. Sort of like verifing a debts existance.
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