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Re: Florida Killing Field sounds like a CA attorney


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Posted by FloridaKillingFieldSkull (68.210.0.12) on August 11, 2004 at 03:24:10:

In Reply to: Re: Florida Killing Field sounds like a CA attorney posted by Boadicea on August 08, 2004 at 22:48:44:

You admitted in another of your post that you don't know Florida law, so you should refrain from commenting in areas not your area of expertise.

This is what it boils down to:

Produce the case law precedent that trumps written contract causes of action on credit card agreements in Florida and any other state.

TILA is consumer protection law. It is not contract law. I would love to see that case law precedent where Florida state courts have ruled that TILA trumps written contract causes of action on credit card agreements. Produce it and you ensure an end to the 5 year SoL assault in Florida.
Yet I have not seen it here posted by any of you. So I expect it does not exist.
Which means if you assert that in your defense and you're only 4yrs+ SoL, you lose in FL courts to written contract causes of action.

My best advice for your defense:
Use "TILA precludes written contract causes of action on credit card agreements thru Federal supremacy" (I don't think it does preclude),
Use the "bilateral Statute of Frauds clause in F.S. 687.0304(2)" which defines what a credit agreement in writing is and precludes written contract causes of action on credit card agreements since at best they are only "within Unilateral SoF",
Use ""the legal definition of a written contract for the purpose of Statute of Limitations" precludes written contract causes of action on credit card agreements" since the documentation of a credit card agreement fails the legal definition.

None of these three are foolproof/ironclad defenses, I believe since I don't have the case law precedent to prove any of them.

Florida is definitely an "essential terms" state, I found that in case law, meaning that all "essential terms" must be in writing.
It may be an "excludes parol evidence" state as well since that typically is coupled with "essential terms", but I have not found case law on that yet. If that is the case, that's good.
The big problem is if the state is just a "mere liability" state. That means "within unilateral SoF" is sufficient and a signed credit card application falls within it and you're dead.

You people are stupid to think that I am a stealth CA.

I am a defendant @ 4+ SoL in FL.

I am trying to find the foolproof defense to written contract causes of action in Florida.

If anyone has it backed by case law precedent proof, produce it for the benefit of all, and don't give out bad advice that is wrong.




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