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  1. #1
    Join Date
    Apr 2006

    Suit On Account vs Breach Of Contract

    What is the name of your state? Missouri

    I have noticed that some court cases filed by attorneys for debt buyers are filed as Suit On Account and others are filed as Breach Of Contract. Does anyone know the difference legally between these two types of filings? Could Suit On Account be what is used for enforcement of a contract and Breach Of Contract used for accounts that have been charged off? There has to be some legal reason behind this I would think. I have noticed that the same law firm for the same debt buyer will file cases both ways, so I don't think this is just a preference thing. Anyone have any ideas about this?

  2. #2
    Join Date
    Aug 2005
    St. Odo of Cluny Parish
    It's the same thing.

    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    Join Date
    Apr 2006
    Quote Originally Posted by seniorjudge View Post
    It's the same thing.

    This is the statue that the attorney's for the debt buyers cite to prove the 10 year SOL in Missouri:

    What action shall be commenced within ten years.
    516.110. Within ten years:

    (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

    (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;

    (3) Actions for relief, not herein otherwise provided for.

    At the bottom this is attached:

    (RSMo 1939 § 1013)
    (1975) An action to collect sum allegedly due for holiday pay for firemen where such claim was based on a city ordinance is a claim on an "obligation" and must be brought within five years. Barberi v. University City (A.), 518 S.W.2d 457.

    (1976) Action to recover liquidated damages for breach of a covenant in a lease not to assign or transfer interest in the lease was not based upon a writing for the payment of money but was based on contract and therefore was governed by five-year statute of limitations, section 516.120, and not by section 516.110. Bangert v. Boise Cascade Corp. (C.A.Mo.), 527 F.2d 902.

    (1985) Party had ten years, not five, to initiate an action for specific performance of a real estate contract since the action was for the enforcement of a contract and not for breach of contract. Oberle v. Monia (Mo.App.), 690 S.W.2d 840.

    Couldn't Oberle v Monia be cited to prove Missouri SOL for credit card accounts is 5 years and not 10 when they file it as Breach of Contract? Would that also apply for cases filed as Suit On Account?

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