Open or Written Account???

[Kanchazi]

What is the name of your state? Fl
In Florida the SOL is 4 yrs for Open account and 5 years for Written Account.
Which would a Credit Card Debt fall under in the courts.

Thank you in advance

 

[TigerD]

written


DC

 

[Kanchazi]

???

Thanks for response DC at the same time if I look on the internet its confusing, because there are arguments that a credit card being revolving is an open account. You are probably correct, but I wish, it was more clear cut and not such a Gray area.

Thanks

 

[Betty]

It is a gray area since there has been much debate whether credit cards are considered to be open accts. or written contracts. Many web sites by lawyers & credit forums indicate they are open accts. but more & more courts are starting to consider them as written contracts. However, in my reading it seems there have been some judges in Fl. (where you live) who have considered them as written contracts. It depends on the state/court. (some have considered them open accts. & others written contracts)

 

[mathill6767]

State Illinois
Im new to the forum but have been reading everything I can get my eyes on since I have bent hit with a summons for a judgment, I have found one site with information and would like to get some other input to see if this would help with the dispute in court as to a written or "Open ended" credit line.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=ec2dbbc140ebf5df2d9d70c76f514b07;rgn=div6;view=text;node=12:3.0.1.1.7.2;idno=12;cc=ecfr

and

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=ec2dbbc140ebf5df2d9d70c76f514b07;rgn=div6;view=text;node=12:3.0.1.1.7.3;idno=12;cc=ecfr

From what I am reading open is a credit card that you can use everday and get monthly statements on your balance minimum payment and periodic interest rates.

My Problem is I have not read in any case law that I can find (cant really find anything, I dont have the resources) anyone combating the lawyers with this information and would like to know if there is anyone out there that has actually won or even made the lawyer run?

 

[Ladynred]

Actually, in FL a credit card has been ruled to fall under the 5 year SOL for written contracts. However a STORE CARD falls under the 4 year SOL.