Advice please

[tammyt]

What is the name of your state? ID

I am getting mixed info. What is the statute of limitations for credit card debt in Idaho. I had a discover card with my ex husband. He claimed bankrupcy on it. Now they are coming after me. The plaintiff says it is 5 years but everything I read is 4 years for credit card debt. Please help.

 

[Debt Guy]

Tammy,

It all depends on definition. There are a lot of people who believe a credit card is an open account. The ID SOL for an open account is 4 years.

There are a lot of people who believe a credit card is a written agreement. The ID SOL for a written agreement is 5 years.

Personally, I think credit cards are written agreements. I recently posted a long explanation of why I think that is the case and I am too tired to retype all that. Do an search for "open account" or "written agreement" and maybe you will find it.

Judges in many states are taking the view that a credit card is a written agreement. I don't know about ID.

There are posters on this board who disagree with me on the definition of an open account. But, what I think or someone else thinks is not important. All that counts is what the judge thinks.

If you are going to argue that a credit card is an open account, then go find your Perry Mason hat. You must present a cogent and organized argument to the judge (including the pertinent sections of ID statutes). Your argument must be more cogent and organized than the argument from the attorney for the creditor who will be trying to prove just the opposite.

Good luck.