Re: Asset Accept / SOL suit / FL
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Posted by FL5yrSolFighter
(68.210.24.214) on June 29, 2004 at 03:49:56:
In Reply to: Asset Accept / SOL suit / FL posted by WOK on June 27, 2004 at 01:34:28:
In Florida, determine if your Credit Card Debt SOL is past 4 years. If that is the case, you will win by properly asserting all applicable law, even though the scumbuckets will fraudulently argue 5 yr Written Contract law. Arguments to use against the 5 year Credit Card Debt fraud perpetrated by these scumbags: TILA (TRUTH IN LENDING ACT) always applies to Credit Card Debt. TILA clearly defines Credit Cards as Open-Ended Credit. That establishes the law which applies to the original creditor and any subsequent assignee. Therefore, Open Account Law always applies. That means 4 years in FL.
F.S. 687.0304 is the Florida Banking Statute of Frauds statute. It clearly defines bilateral signatures required for a written agreement to lend. A written agreement to lend is a prerequisite to assert Written Contract law for a debt instrument.
Formal Bilateral contract formation is required as a prerequisite to assert Written Contract law. Credit Card applications are not formal bilateral contracts. At best they could be considered incomplete bilateral agreements, but bilateral signature completeness is required to be a formal written contract. That means the terms are fixed and can't be changed except through written consent. The terms are written into a unique document which both parties sign. Credit Card apps/agreements fail both these formal completeness requirements, so written contract law never applies. Credit Card applications also are not Unilateral agreements such as UCC Sales of Goods Contracts. Credit Card agreements are bilateral in nature. Therefore, unilateral signature completeness does not elevate a Credit Card App. to written contract status.
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