Statute of Limitations???

[jherentals]

What is the name of your state?kansas I've read on many "so called credible" websites that the SOL for a credit card creditor to sue a debtor who lives in KS is 3 years. I am working with 2 bankruptcy specialists and they cannot verify this. They say I need the "Stat" that proves this and cannot rely on a bunch of web-site rumors. IF I can prove the SOL is truly 3 years, and not 5, then I can get a judgment thrown out and withdraw my bankruptcy, as it's been more than 3 years, but less than 5, when I defaulted on all my credit cards. DOES ANYONE HAVE ANY PROOF THE SOL IS 3 YEARS?? thanks [email protected]

 

[tabathadolley]

Are you sure they are not confusing written contracts and open accounts? Credit cards are open accounts, and the SOL in kansas on open accounts is 3 years, while written contracts is 5 years.

 

[jherentals]

Stat

Hello and thanks for the reply. I have read that numerous times on the web for Kansas as well. HOwever my lawyer says this cannot be proven and it's just a website rumor. She says "show me the stat" as in stat #, page #, paragraph # and she'll be glad to have the judge throw my judgment out and i can then withdraw my bankruptcy. HOWEVER all she and the other attorney have found is a 5 year stat. THey both say c.cards are written contracts because you sign the sales slip for purchases or cash advances, hence it's a written contract. Any help in proving there is a 3 year SOL in KS is much appreciated. I have seen many websites that say the SOL for KS is 3 years, but nobody seems able to prove it yet. Thanks Jim [email protected]

 

[tabathadolley]

Someone here can post the appropriate link, but here is one that might help:

http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

"The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts."

 

[tabathadolley]

tell her to also check the Truth in Lending Act.(found on this site)

TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > § 1602
§ 1602. Definitions and rules of construction

(i) The term “open end credit plan” means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.

 

[wert]

Also, to cross reference, the FDIC clearly defines credit cards as open accounts also.
If you go to their website, www.fdic.gov/news and do a search-or even google it- you'll find several references to it.