bad yanish Posted April 13, 2007 Report Share Posted April 13, 2007 I received a summons and complaint from a collection agency through the Pima County Justice court. I have submitted an Answer based on the Statue of Limitations being expired based on the "Date of Last Activity" they posted with Experian. I have since contracted an attorney who also is a college friend. He has suggested that I go for a settlement because he cannot find precedence in AZ that considers Credit Cards to be an "Open-ended account". He is concerned that if we go to court, the judge will find that it is a written contract which has a 6 year SOL instead of a 3 year SOL for the open ended account. A decent settlement would cost me much less than a lost judgment.Can anyone give me the legal ammunition to take this to court? I would like to pay nothing but the cost of a lost judgment is more than I can afford. Link to comment Share on other sites More sharing options...
vialna Posted April 13, 2007 Report Share Posted April 13, 2007 my understanding is all cr cards are open ended accounts because they are subject to change, interest rate, credit increase if requested, rules, late fees, ect.whereas for example a mort. loan is not considered open, because everything is fixed, monthly payment, interest rate, rules, ect.the only case i no of that deals with this is posted here, review...http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=254631hope this helps Link to comment Share on other sites More sharing options...
willingtocope Posted April 13, 2007 Report Share Posted April 13, 2007 One problem is that SOL is a state law...and if the state law doesn't specifically distinguish between the two, then you might have a problem. Ohio courts for example classify CCs as written and therefore 15 years. Link to comment Share on other sites More sharing options...
bad yanish Posted April 13, 2007 Author Report Share Posted April 13, 2007 Some states classify CC as open ended, some classify as written contracts. We haven't been able to find a case in Arizona that has ruled on that issue. Would you say my best bet is to settle? Link to comment Share on other sites More sharing options...
willingtocope Posted April 13, 2007 Report Share Posted April 13, 2007 According to the link at the top of the page, AZ is 5 yrs written, 3yrs open. PM to Admin ...she's from AZ...she'll know.... Link to comment Share on other sites More sharing options...
Strawberry Bird Posted April 14, 2007 Report Share Posted April 14, 2007 Keep us posted on whether you find anything regarding this issue. I am in the same boat. I have looked around as well and thus far cannot find anything that says for sure that CC is considered open for SOL purposes. TILA states that CC is open ended. ARS 6-601 has definition for a revoling account as an open ended account. (it is discussing an account with a credit limit of less than $10K). I will let you know if I find anything as well. My issue has always been that even in TILA is says: "open end" the ARS 12-543 only says: "open". Or just make sure you prove there is NO LEGAL Contract in writing. Then it is definitely 3 years. Who is suing? A JDB, OC, ?? Did you deny all the allegations in your Answer? Is the SoL the only defense you listed? When did you get your Summons? AZRCP allow you to amend your answer etc, so if you didn't deny everything except your name and addess, you better get your amendment in asap. SB Link to comment Share on other sites More sharing options...
nascar Posted April 14, 2007 Report Share Posted April 14, 2007 From what I have read, credit card agreements are generally considered to be written agreements. Some jurisdictions have distinguished between bank cards and "store cards", finding the store cards to be open accounts. If your card is a typical VISA or MasterCard, your contract will very likely be considered a written agreement. Link to comment Share on other sites More sharing options...
bad yanish Posted April 16, 2007 Author Report Share Posted April 16, 2007 Midland Credit Management is the Plaintiff. I think it would be difficult for them to produce the contract with the original creditor, it changed hands several times.I only listed the SOL in my answer.My Attorney has advised that the answer can be amended IF I want to proceed with the suit. Right now, I'm inclined to settle because of the risk if the contract is considered "written".I've forwarded the ASR you quoted to him. I will post the result of whatever happens. Any further help is appreciated. Link to comment Share on other sites More sharing options...
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