Re: SOL-Open Accounts-CAK--Why Chat-Lady--All the websites

Posted by CAK (66.140.213.24) on December 18, 2003 at 16:53:43:

In Reply to: SOL-Open Accounts-CAK--Why Chat-Lady--All the websites posted by Working to pay bills on December 18, 2003 at 14:15:01:

TILA is a nice chearful, warm fuzzy thought. It just needs to be tweaked a little here and there and then there would be no problem, just the same as various State Statutes.

I know what alot of the websites have posted as SOL for Open End Accounts, as I have researched these sites too. Those websites are a minority. Don't get me wrong, they do post good useful information and do help a lot of people. These same websites also get a lot of people in over their heads in SOL situations simply by not telling them what they were up against and what to expect from the oposition. Do you really think you are going to go unopposed?

Just because TILA defines what an Open End Account is, does not mean it can't be proved to be a Written Contract. All you have to do to win is prove reasonable doubt exists. If the Plaintiff can produce all those signed mini contracts, believe me, reasonable doubt does indeed exist. It shows the Judge that a signature was applied to a statement that is governed by a Agreement/Contract. Revolving or not.

That's why I and others say these kinds of cases are won or lost during the discovery process. If the Plaintiff can't produce all those mini contracts to support their claim as well as other documents, then they don't have a complete Written Contract and reasonable doubt exists sufficient to dismiss the case against the Defendant.

If there are people winning this fight in lower courts, then why hasn't some consumer attorney attempted to gather up these cases for proof of decisions in other courts. It would make his/her job much easier and would also make a believer out of a lot of people including me. It would also establish a welcome precedence.

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