Acurate SOL listing

[thegame26]

Does anybody know where I can find an acurate SOL listing?

The link above

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

doesn't jive with another source I used:

http://www.budhibbs.com/statute_of_limitations.htm

I live in RI and am curious about open-ended accounts. One says the sol is 4 years, the other says 10. Which is one is the more up to date listing?

[LadynRed]

Per RI statutes, it is 4 years.

[thegame26]

Per RI statutes, it is 4 years.

Thanks for the quick response. So the Bud Hibbs listing of 10 years is wrong?. I thought he was a reliable source/reputation.

[IHateCAs]

Thanks for the quick response. So the Bud Hibbs listing of 10 years is wrong?. I thought he was a reliable source/reputation.

Might be a good idea to read the relevant statutes for yourself.

[thegame26]

Might be a good idea to read the relevant statutes for yourself.

I've tried to. I've tried searching statutue of limitations, open ended accounts, and debt collection in the General Laws of RI but can't get the statute to come up.

http://www.rilin.state.ri.us/Statutes/Statutes.html

[IHateCAs]

I've tried to. I've tried searching statutue of limitations, open ended accounts, and debt collection in the General Laws of RI but can't get the statute to come up.

http://www.rilin.state.ri.us/Statutes/Statutes.html

Usually what I do is google state name with the word statutes and that should lead you to something on the first page.

That got me this:

http://www.rilin.state.ri.us/Statutes/

Which is exactly what you posted...

Title 9 deals with court procedure, so I clicked there. Then I see causes of action (COA), which is definitely what you're looking for. It's a bit disjointed (Georgia is much easier to find what you're looking for), but if you look at the headings of 9-1, you'll see limitations on actions for various COAs.

I see why Rhode Island is confusing. 9-1-13 is a catch all SOL that provides a 10 year SOL for anything not specifically named. Of course, it seems they threw the word product liability into the title. Not sure wtf is going on there. I'll have to pull up the annotateds tomorrow. Nothing about written or oral contracts whatsoever.

Looks like SOL is 10 years in RI.

[thegame26]

Great. Thanks. Can you add anything to this LadynRed? Statute reference perhaps?

[IHateCAs]

It's 10 years. 4 years for sale of goods (like everywhere else).

[thegame26]

Actually LadynRed repsonded to a pm and looks like it is 4.

http://www.rilin.state.ri.us/Statutes/TITLE6/6-27/6-27-3.HTM

http://whychat.5u.com/States/state-ri.html

Damn, RI is confusing.

[IHateCAs]

Actually LadynRed repsonded to a pm and looks like it is 4.

http://www.rilin.state.ri.us/Statutes/TITLE6/6-27/6-27-3.HTM

http://whychat.5u.com/States/state-ri.html

Damn, RI is confusing.

I see nothing about limitations that would apply to a CC contract in either link.

[IHateCAs]

6-27 is the RI TILA.

§ 6-27-2 Declaration of purpose. – The general assembly finds that economic stabilization would be enhanced and that competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost of credit by consumers. It is the purpose of this chapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him or her and thus avoid the uninformed use of credit.

It has nothing to do with civil procedure for suing on defaulted consumer debts. It deals with creditors who extend consumer credit to make certain disclosures to their customers.

[IHateCAs]

The statutes quoted on WhyChat's site (6A-3) deal with negotiable instruments like checks.

§ 6A-3-103 Definitions. – (a) In this chapter:

(1) "Acceptor" means a drawee who has accepted a draft.

(2) "Drawee" means a person ordered in a draft to make payment.

(3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment.

(4) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(5) "Maker" means a person who signs or is identified in a note as a person undertaking to pay.

(6) "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.

(7) "Ordinary care" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this chapter or chapter 4 of this title.

(8) "Party" means a party to an instrument.

(9) "Promise" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.

(10) "Prove" with respect to a fact means to meet the burden of establishing the fact (§ 6A-1-201(8)).

(11) "Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.

( Other definitions applying to this chapter and the sections in which they appear are:

"Acceptance" § 6A-3-409

"Accommodated party" § 6A-3-419

"Accommodation party" § 6A-3-419

"Alteration" § 6A-3-407

"Anomalous indorsement § 6A-3-205

"Blank indorsement § 6A-3-205

"Cashier's check" § 6A-3-104

"Certificate of deposit" § 6A-3-104

"Certified check" § 6A-3-409

"Check" § 6A-3-104

"Consideration" § 6A-3-303

"Draft" § 6A-3-104

"Holder in due course" § 6A-3-302

"Incomplete instrument" § 6A-3-115

"Indorsement" § 6A-3-204

"Indorser § 6A-3-204

"Instrument" § 6A-3-104

"Issue" § 6A-3-105

"Issuer" § 6A-3-105

"Negotiable instrument" § 6A-3-104

"Negotiation" § 6A-3-201

"Note" § 6A-3-104

"Payable at a definite time" § 6A-3-108

"Payable on demand § 6A-3-108

"Payable to bearer" § 6A-3-109

"Payable to order" § 6A-3-109

"Payment" § 6A-3-602

"Person entitled to enforce" § 6A-3-301

"Presentment" § 6A-3-501

"Reacquisition" § 6A-3-207

"Special indorsement § 6A-3-205

"Teller's check" § 6A-3-104

"Transfer of instrument" § 6A-3-203

Traveler's check" § 6A-3-104

"Value" § 6A-3-303

© The following definitions in other chapters apply to this chapter:

"Bank" § 6A-4-105

"Banking day" § 6A-4-104

"Clearing house" § 6A-4-104

"Collecting bank" § 6A-4-105

"Depositary bank" § 6A-4-105

"Documentary draft" § 6A-4-104

"Intermediary bank" § 6A-4-105

"Item" § 6A-4-104

"Payor bank" § 6A-4-105

"Suspends payments" § 6A-4-104

(d) In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter.

This has nothing to do with credit cards.

[IHateCAs]

Even myfairdebt, run by lawyers and linked to by CIC, has RI at 10 years for written and oral contracts.

http://www.myfairdebt.com/forum/viewtopic.php?t=1779

[thegame26]

Even myfairdebt, run by lawyers and linked to by CIC, has RI at 10 years for written and oral contracts.

http://www.myfairdebt.com/forum/viewtopic.php?t=1779

I guess maybe it is 10.?

but again, cic has their own listing where it says its 4.

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

[IHateCAs]

I guess maybe it is 10.?

Fairly likely. Show me a RI state appeals case that says different and I'll change my tune.

[IHateCAs]

Here's some proof of the 10 year SOL.

Catchall ten-year statute of limitations was applicable to commission members' claims to enforce statutory benefits, as claims did not fall within any of the other specific statutory provisions providing for shorter periods of limitation. Gen.Laws 1956, § 9-1-13(a). Pellegrino v. Rhode Island Ethics Com'n, 788 A.2d 1119 (2002), on remand 2004 WL 2813773.

Contracts formed in other states.

Since the statute of limitations affects the remedy only, an action on a contract is governed by the statute of the state in which the action is brought, and not by that in which the contract was made. Crocker v. Arey, 3 R.I. 178, Unreported (1855).

Breach of contract = 10 years

State's ten-year statute of limitations for breach of contract actions, rather than one-year or three-year statute of limitations under state's wage payment statute, governed ERISA action brought by union and trustees of union's employee benefit fund against employer to recover delinquent fund contributions; state statute which authorized labor organization to sue employer to enforce terms of collective bargaining agreement provided most analogous state cause of action, and such state actions were governed by statute of limitations for breach of contract actions. Employee Retirement Income Security Act of 1974, §§ 502, 515, as amended, 29 U.S.C.A. §§ 1132, 1145; R.I.Gen.Laws 1956, §§ 9-1-13(a), 28-8-1, 28-14-18.1, 28- 14-20. Trustees of the Local Union No. 17 Sheet Metal Workers' Apprenticeship Fund v. May Engineering Co., Inc., 1997, 951 F.Supp. 346.

Estoppel

Party may be estopped from pleading limitations on ground that representations were made for purpose of inducing plaintiff to rely thereon and that plaintiff did in fact so rely. Gen.Laws 1956, § 9-1-22. Wolf v. S. H. Wintman Co., 92 R.I. 470, 169 A.2d 903 (1961)

Effect of declaring BK.

Including a debt barred by the statute of limitations in a schedule of debts filed with a petition for the benefit of the insolvent act is not such an acknowledgment as will raise a new promise to pay the same. Hidden v. Cozzens, 2 R.I. 401, 60 Am.Dec. 93, Unreported (1853)

[IHateCAs]

9-1-13 is a two part statute

§ 9-1-13 (part 1) Limitation of actions generally – (part 2) Product liability. –

It's a general SOL statute and a product liability statute

It was originally a general SOL statute and it was amended to include something specific about product liabilities also falling within 10 years. Part ( was ruled unconstitutional anyway.

Contrary to what WhyChat says on his site, the statute is not a product liability SOL statute being misconstrued to apply to contracts. It applies to ANY civil action that does not have its own governing SOL statute. There are no run of the mill breach of contract statutes in RI. All contracts, written or oral, fall within the 10 year statute.

They do have the 4 year contract for the sale of goods UCC SOL however. That will/should apply to your non Visa/MC/Discover/Amex store cards that places like JCPenney, Macys, Sears or whatever will issue.

[thegame26]

Wow. That definetly clears a lot up. Thank You. Seems kinda weird that store accounts would be 4 years but major credit cards are 10, but then again it is RI and I really should be use to it.

[IHateCAs]

A store account is a contract for the sale of goods. That specific type of contract is covered in the RI UCC. It's between a merchant and a purchaser. The merchant is selling you their goods on contract as opposed to having to pay immediately (no contract would be needed).

With a major CC account, the contract is not between merchant and purchaser but bank and purchaser. The bank is not selling you goods.

[thegame26]

Sorry to bring this up again, but I was just looking over it again the other day and last sentence of the statue is bugging me.

.......shall be commenced within ten (10) years after the date the product was first purchased for use or consumption.

If that's the case, if I had a credit card open for over 10 years and then defaulted and it went to collections they would be unable to sue because its been more than 10 years since it was first purchased?? Or would that amount to being my last physical 'purchase' with the credit card?

I don't mean to beat a dead horse or keep resercting the matter just seeking some clairifcation on the last part.

[Tazjeepcj7]

Should be last purchase on credit card. Also, you may want to review RI code to see what actions toll the statute of limitations.

[IHateCAs]

That last part has nothing to do with anything. It dealt with product liability IE the clock started running when you bought the product.

But we aren't talking about suits for damages caused by defective products.

But just to be clear, let me emphasize the important part.

all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after.