Need clarification please.....

[patioar]

:confused: I am being sued by a JDB, I have avoided the process server so far, to gain some time...I live in Missouri (they must serve me personally at my abode)....The matter involves some books for a college external degree program that I signed a contract for on 12/1/00...My last action was 5/13/02 for a payment. I lived in Fla. at the time, I moved to Missouri in 9/03...My question is...Is this a written contract (sol 10 yrs...except when it is 5 yrs! Can't find the exceptions..) or Sale of Goods

(sol 4 yrs) Obviously my prayers are with Sale of Goods. I do not have my copy of the orig. contract, as it was lost with a plumbing problem, and the boxes were ruined....I have the copies of Orig check, and bank statements.

If I write to the OC do they have to send me a copy of the orig contract??

Yes, I have an Att'y...but he's not too available, so I am ramping up if I have to fight this alone.

Thanks, Patti

[E. Normis Debtor]

Depends on how the financing was supplied. If the merchant extended credit for the purchase, then likely an open account/sale of goods. If an outside lender supplied financing then it would be a loan/written contract.

As an analogy: If you have a Target credit card and purchase a TV from Target, the merchant is extending credit (through Target Bank). This would be considered an open account/sale of goods.

If you purchase that same TV on your Cap1 Visa, you are obtaining money under a loan agreement. That would be considered a written contract.

[patioar]

I'm thinking it's sale of goods, that's 4 yrs....as all my checks were initially cashed by the College Network....then after a few months it changed to Dow Employees Credit Union. In Mo. the SOL on open acc'ts is 5 yrs. The way I read MO. is that the SOL on this type of sale tolls from the first delenquency, so it is SOL even if that is 5 yrs...if I'm correct in reading. HMMMM...even the e-checks that were created payable to Dow CU, are stamped on the back for deposit only The College Network. I'm more sure now that it is sale of goods then.

Should I try to get a copy of the contract from them...or Butt out and let my Att'y handle it?? Think I answered that myself.

But I won't be done with the JDB's and the Atty's Cohen, MeNeile and Pappas...Erin Mgmnt and all their machine are just as bad as the others, but not much is written about them. I need to investigate them more. But the Atty's that are suing on the behalf of Erin.....are rotten thru and thru.

Thank to you, E Normis.