Re: Written Contract or Open Account

Posted by LadynRed (199.91.33.254) on December 18, 2003 at 10:57:58:

In Reply to: Re: Written Contract or Open Account posted by CAK on December 17, 2003 at 20:24:45:

I'm sorry CAK, but you are so full of negative garbage and I can only wonder at your purpose here. You say you're retired.. are you a retired CA perhaps ?? That would explain your attempt at sabotage of the information that's been given here, and WORKED, for a long time !

I KNOW that people have WON using the lower SOL on credit card debts. Your insistence that it WON'T and CAN'T work is just NOT true in all cases !!

The reason you can't find CASE LAW is because 99.9% of these cases are not held in a court of record ! That does NOT mean that one cannot win using a shorter SOL.

What IS true is that in the lower courts, a sad majority of judges do NOT HAVE A CLUE about credit law !! Its the burden of those of us who end up facing these types to show them what they probably are NOT aware of. Too many CA's that show up in small claims courts win because a large majority of consumers don't know their rights and don't show up in court to FIGHT a scumbag CA's lawyer. In the majority of these cases, the judge NEVER HEARS any objections or arguments from a defendent and probably never hears much from the CA lawyers other than the request for default because the defendent was a no-show !! So.. the judge remains basically ignorant of all but his own little niche of law.

There have been lawyers who visited this board and they have agreed that the lower SOL applies to credit cards, that they are NOT written contracts. State laws are often vague and open to a vast amount of interpretation, and in those cases a defendent could have a hard time with an uneducated and usually unchallenged judge.

You can keep spouting your brand of negativity and poison.. its a free board, but you're in a minority here and the rest of us will continue as we have .. and people WILL continue to succeed in spite of you. You can nay-say all you want, it seems to be your favorite habit. I participate in one legal advice board (where practicing lawyers are always in residence) and the prevailing LEGAL opinion there is the same as it is here. I participate in 3 other credit-related sites, and the situation is the same, the lower SOL works and people are BEATING CA'S in court, and sometimes they have to educate a judge, but they DO win !

We have never told anyone that fighting a CA in court, whether a debt is time-barred or not, is easy. Its not and we all know it. We have the right to use the tools and the law to OUR advantage and we advise people to do just that.

Follow Ups:

Post a Followup