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statue of limitations in CT


CastelF
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Most plaintiffs, if you're being sued for credit card debt, will allege that the credit card agreement is a written agreement. Unless they can't produce the documents, a judge will agree with them.

The open account discussion has been beaten to death, so I won't go into it here, but the caselaw speaks for itself; most credit cards are going to fall under the written agreement SOL.

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So, does the plaintiff have the burden of producing a signed or E-signed agreement in order to for it to be treated as a written rather than open-ended??

If the plaintiff alleges a written contract and you dispute that one exists, the burden is upon him to prove it. However, if you don't raise the issue, he doesn't have to prove anything.

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I always lean towards case law

ponder this from Creditinfocenter:

Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act:

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This is established under the Truth-in-Lending Act:

An "open-ended credit plan" as defined in the TILA is not the same as an "open account." The term "open account" is not ever mentioned in TILA.

TILA does state however, that one of the requirements of an "open-ended credit plan" is that the terms be in writing. Hence, a properly executed and documented "open-ended credit plan" is an agreement founded upon, or memorialized by, a writing - by definition a written agreement.

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An "open-ended credit plan" as defined in the TILA is not the same as an "open account." The term "open account" is not ever mentioned in TILA.

TILA does state however, that one of the requirements of an "open-ended credit plan" is that the terms be in writing. Hence, a properly executed and documented "open-ended credit plan" is an agreement founded upon, or memorialized by, a writing - by definition a written agreement.

True, but the original question was what SOL best fits the credit card.

The TILA defines "opn-ended credit plan", not "open account". An "open account" is not defined in the TILA, nor a choice in the poster's original list.

Both would have some kind of written agreement, one would assume.

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True, but the original question was what SOL best fits the credit card.

The TILA defines "opn-ended credit plan", not "open account". An "open account" is not defined in the TILA, nor a choice in the poster's original list.

Both would have some kind of written agreement, one would assume.

Exactly. If you have access to online opinions, read Harris Trust and Sav. Bank v. McCray, 316 N.E.2d 209, (1st Dist. Ill. 1974). It gives one of the best explanations I've seen.

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