Re: Written Contract or Open Account
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Posted by LadynRed
(199.91.33.254) on December 17, 2003 at 18:08:44:
In Reply to: Re: Written Contract or Open Account posted by CAK on December 17, 2003 at 00:56:47:
CAK, I disagree with your rather broad statement that no one has succeeded using the lower SOL for CC debts in a lawsuit. I know of many cases on this and other boards I frequent where the shorter SOL for cc's defense HAS worked and gotten the cases thrown out of court - some WITH prejudice ! I helped one guy on another board, from OH, who had a lawyer trying to convince a judge that the 15 year SOL applied as the lawyer said it was a written contract. The defendent walked into court with the TILA, AND the OH statutes citing Open Accounts and he BEAT the CA lawyer hands down !! The lawyer was dumb-founded.. he was so smugly sure he was going to prevail.. and the judge decided against him. Your broad-based assumptions are erroneous.. it CAN be done and it HAS been done !!!
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