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Legal Definition of Written Contract for Purpose of SoL in FL


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Posted by FL5yrSolFighter (68.210.22.74) on August 04, 2004 at 02:07:54:

Attention: Keyser Soze and WhyChat and any other expert.

I appreciate all you insightful advice on this board as I have fought the 4 year or 5 year Florida SoL credit card debt battle against a corrupt Florida Junk Debt attorney.

But, as I have learned, from my new understanding on how big a mess the legal system is, the SoL battle on Credit Card Debt comes down to this in all states apparently:

The legal definition of a written contract for the purpose of Statute of Limitations on a written contract cause of action

and

if the credit card application
(within Unilateral Statute of Frauds since only you sign it, but it does not bind the parties when signed like a within Bilateral SoF contract does)
and
the TILA anonymous (not signed) disclosure form
are considered within that legal definition.

If anyone has that definitive statement on the written contract legal definition for SoL purposes in Florida PLEASE PROVIDE IT and the FL case law citation. This is the holy grail to fight against the 5 year SoL.

These are the key elements of that definition from what I have seen from other states (Iowa): all essential elements must be in writing and exclusion of parol evidence (which basically means undocumented changes or unilateral changes which should mean being within Bilateral SoF is required).

Another key if you get sued is to scutinize the complaint to see if it expressly states a written contract cause of action and lists material evidence exhibits for all the necessary documents. Junk Debt lawyers are sloppy in building their complaints and assume you are a legal doofus and won't know enough to fight it.

The courts in FL permit plaintiff's to bring written contract cause of actions on credit card debt. Maybe it's just because no defendant ever objected to there being a written contract cause of action being brought on credit card debt since it isn't founded on what we consider to be written contracts (valid contract: within Bilateral Sof like installment sales contracts)
If any FL case law exists of a appeals court dismissing a plaintiff appeal of a lower court dismissing a plaintiff's written contract cause of action on credit card debt for lacking subject matter jurisdiction PLEASE PROVIDE.
Any of you who have access to the paid membership LAW websites, Lexis, West, Fastcase, etc, PLEASE SEARCH for these cases and legal definitions because that will help the battle against the Junk Debt plaintiff crowd.


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