Credit Card
How is a credit card considered a written contract instead of an open account?
I am being sued by a collection agency for an old (over 3 years) Visa credit card debt. I live in Alabama and the Statue of Limitations on Open Accounts is 3 years. I hired an attorney but he says that I probably will have to settle because it is not an open account but a written contract account which has a SOL of 6 years. He says this because the collection agency produced a piece of paper that I signed when I opened the account (basically it’s the credit card application). I researched on my own and most information that I found says that credit cards are always open accounts. I did find one place (Wiki Answers) where someone said that credit cards could be written contracts. Is my attorney wrong or can this indeed be a written contract in some way. I really need to know before I go to court. Please give me some type of solid backup to your answer and not just your opinion.
Sorry I can’t give you a definite answer, but if the Alabama courts have found credit cards to be a form of a written contract, then article 2 of the UCC would be irrelevant. I’ve found anecdotal evidence to suggest this is the case, but nothing firm. I did find examples of other cases in other states where the courts ruling seemed contraindicative of the UCC, and was based partly on UCC limitations – meaning it looks like there definitely is a chance (depending on EXACTLY what was included in that signed piece of paper the collection agency produced) that your credit card account qualifies as a written contract.
If you’re unsure, you could try contacting another attorney from Legal Aid for a free second opinion, although I doubt your attorney would give such seriously erroneous information. I know that there legal fees are ginormous, but why not ask him to spell it out to you, show you previous cases where this ruling was upheld, etc.
Fake a Credit Card
|
|
Contigo AUTOSEAL Kangaroo Water Bottle with Storage Compartment, 24-Ounce This water bottle delivers on essential needs while on the go. The AUTOSEAL Water Bottle with compartment delivers on a unique combination of style and function. Durable. Colorful. Functional. Holds your keys and credit cards. The AUTOSEAL Water Bottle is easy to drink from, easy to carry and has a protective cover at the spout . It’s the ultimate in on-the-go hydration with a compartment that hol… |
|
|
Key Bottle Opener $2.90 Authentic, original and classic: STARR Bottle Openers have been the choice of bottlers and brewers for over 80 years. This is an essential item for the beer and soda drinker…. |
|
|
Rolodex 50610 Rolodex Professional Organizer Leather Business Card Book, 96-Card Cap, Black $7.99 Business Card Book… |
|
|
Inventions That Changed Our Lives – Plastic Planet [VHS] $2.00 Highlights the progress of this artificial medium and how it imitates “Mother Nature.” From action figures to the credit card, plastic has flexibly, cheaply, and colorfully impacted and improved nearly every aspect of life on Earth. Plastic Planet examines the supply and demand development of plastic and its synthetic by-products of vinyl, polyester, Lycra, nylon, rayon, and Teflon. Narrated by To… |
|
|
FRONTLINE: Secret History of the Credit Card … |
|
|
IN THE MIX – Financial Literacy: On the Money $69.95 FOR DVD OF THIS PROGRAM PLEASE CALL: 1-800-343-5540 Length: 30 min. Performance rights and Discussion Guide included. (Gr. 6-12, College) (Available with Spanish subtitles) Today’s teens have more money than ever before, but do they know how to handle it? Co-hosted by Cosby’s Doug E. Doug, this program takes an in-depth look at what teens need to know about money. Experts give tips on opening a ch… |
