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Does Ohio consider CCs to be written contracts?


upallnight999
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See this site for the legal definition of a written contract or contracts in general.

http://www.lectlaw.com/def/c123.htm

From the Business Law classes I took, a contract must have specifics as in length of time, amount of consideration (money) and the service or type of work to be performed.

Ohio CAs often try pullling this "15 year SOL bit" on credit cards but CAs aren't versed in law. Actually, how can you logically consider a CC to be a written contract when it is very non specific. The balance can change daily and the required payment adjusts according to the balance. Thus, it's an open account or revolving account, not a written account. I believe open accounts in Ohio have a 6 year SOL.

Anybody can get a copy of a credit card application but, without your signature, how can they say you actually signed it? Sounds like a CA is up to the typical tricks.

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Ohio courts, including an appeals court, have held cc agreements are contracts under Ohio law and the 15 year SOL applies.

From Davis v. Asset Acceptance

Pursuant to Ohio law, credit card agreements are contracts whereby the issuance and use of a credit card creates a legally binding agreement. Bank One, Columbus, N. A. v. Palmer (1989), 63 Ohio App.3d 491, citing Manufacturers & Traders Trust Co. v. Lindauer (1987), 135 Misc.2d 132, 513 N.Y.S.2d 629.

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