statutes of limitations

[russeal]

What is the name of your state?What is the name of your state? NE
JUST WANTING TO VERIFY THAT IN THE STATE OF NEBRASKA, THAT STATUTE OF LIMITATIONS ON CREDIT CARD DEBT IS IN FACT 4 YRS. MORE THAN ONE WEB SITE SHOWS IT AS SUCH, BUT ATTORNEY GENERAL WILL NOT CONFIRM,CONSIDERS IT TO BE GIVING LEGAL ADVICE. WOULD LIKE SOLID PROOF, SUCH AS WHAT STATUTES, LAWS OR OPINIONS ARE APPROPRIATE. DON'T KNOW IF ANYONE CAN HELP, BUT HELP WOULD BE APPRECIATED.
THANK YOU

[TDW]

[url]www.fair-debt-collection.com[/url]

[Veronica1228]

Originally Posted by russeal

What is the name of your state?What is the name of your state? NE
JUST WANTING TO VERIFY THAT IN THE STATE OF NEBRASKA, THAT STATUTE OF LIMITATIONS ON CREDIT CARD DEBT IS IN FACT 4 YRS. MORE THAN ONE WEB SITE SHOWS IT AS SUCH, BUT ATTORNEY GENERAL WILL NOT CONFIRM,CONSIDERS IT TO BE GIVING LEGAL ADVICE. WOULD LIKE SOLID PROOF, SUCH AS WHAT STATUTES, LAWS OR OPINIONS ARE APPROPRIATE. DON'T KNOW IF ANYONE CAN HELP, BUT HELP WOULD BE APPRECIATED.
THANK YOU

The SOL for credit cards, which are considered to be "open accounts" in the state of Nebraska is 4 years after the date of last activity. Last activity being a payment or charge.

Also, please don't type in all caps. It is difficult to read and appears that you are shouting.

[Ladynred]

From the NE statutes:

STATUTE OF LIMITATIONS

4 Years: Oral/Open Contracts; §25-206

5 Years: Written Contracts; §25-205

§25-205

Actions on written contracts, on foreign judgments, or to recover collateral.

(1) Except as provided in subsection (2) of this section, an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years.

25-206

Actions on oral contracts or statutory liabilities.

An action upon a contract, not in writing, expressed or implied, or an action upon a liability created by statute, other than a forfeiture or penalty, can only be brought within four years.

Actions not specified.

An action for relief not hereinbefore provided for can only be brought within four years after the cause of action shall have accrued.

[russeal]

To all who have responded, thank you.
The specific statutes are especially helpful, this should help in further research. Will try to tell more as it happens.

Again, thank you.

[russeal]

Please, I know that with legal terms I am ignorant, but what part of the statute 25-206 refers to an open contract, since there would be a signed agreement, and it makes no direct reference to open contracts, at least as you have it shown. I have not been able to access the NE website with the statutes this evening to see if there was more there. Pleases if you can enlighten me a bit more.

Thank you again!

[Ladynred]

"contract not in writing" would apply. Per the Truth in Lending Act, a credit card is NOT a written contract, and is clearly defined as an open-ended agreement.

[russeal]

Okay, that makes sense to me. Because it is open ended it is not considered a written contract, because it is open ended. My questions is now, do NE courts see it the same way you and I do. I know that the Truth in Lending Law calls a credit card an open account, (I just didn't put the facts together) so therefore is an unwritten contract. But also understand that some courts will consider a credit card a written contract because there is a signed agreement. Is this a state by state thing, or a judge by judge thing?

Any enlightment is always appreciated.

Again, thank you, all input is important and appreciated. Most enlightening.