Re: Legal Definition of Written Contract for Purpose of SoL in FL

Posted by FL5yrSolFighter (68.210.12.254) on August 04, 2004 at 13:21:24:

In Reply to: Re: Legal Definition of Written Contract for Purpose of SoL in FL posted by Why Chat on August 04, 2004 at 08:24:54:

In Florida, F.S. 687.0304 may be the holy grail for defeating a written contract cause of action on a credit card account if case law precedent exists that shows that.

Please search for the case law, people.

F.S. 687.0304 was designed to protect lenders from causes of actions by debtors on oral agreements to lend, though.

But, it is refered to as the Florida Banking Statute of Frauds Law in case law.

If there is case law precedent where it was used successfully to defeat a written contract cause of action on a credit card account that would be the holy grail in Florida.

F.S. 687.0304 clearly specifies that credit agreements to be in writing must be within Bilateral Statute of Frauds.

Bilateral Statute of Frauds excludes parol evidence on bilateral agreements since no contract terms can be contemporaneously changed without written consent, which credit card creditor specifically avoid so they can change the terms and conditions of the agreement arbitrarily.

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