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

Posted by FL5yrSolFighter (68.210.11.96) on August 04, 2004 at 22:40:35:

In Reply to: Re: Legal Definition of Written Contract for Purpose of SoL in FL posted by Why Chat on August 04, 2004 at 15:34:30:

Here's an IOWA appeals case law opinion:

A contract is considered written for purposes of the statute of limitations if the essential facts establishing liability of the defendant are clear on the face of the writing. Matherly v. Hanson, 359 N.W.2d 450, 454 (Iowa 1984); [*4] Lamb v. Withrow, 31 Iowa 164, 168 (1870). If parol evidence is necessary to make the contract complete, then the contract must be treated as oral for purposes of the statute of limitations. See Matherly, 359 N.W.2d at 454.

This is very bad news.

That means Unilateral SoF applies under a written contract cause of action and that means a credit card application with your signature on it applies under a written contract cause of action, which means bye bye Open Account SoL, Hello Written Contract Sol for credit card debt.

I wish it wasn't true.

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