Differences in account types (unsecured credit)

[single317dad]

As a general rule, what are the differences between a credit card account and one of those checks you get in the mail (sign the back to accept the loan terms)?

Do they fall under a different set of codes and laws? I assume so, since there's no assumed acceptance of terms, as there's no card to use. In this case, would the Plaintiff (JDB) need to produce a contract?

How does the complaint and defense on these accounts differ? Already I can see that Arb won't be involved (probably; I wasn't provided and can't find any account terms online).

[willingtocope]

Most likely, the terms were included in the other stuff in the envelope. In theory, a CC is considered an "open" type account...you charge some, pay some back, charge some, etc. The sign this check thing may be attached to a CC (which would make it an open type) or it may be a "written" type where you agree to borrow a fixed amount. In most states, open an written have different SOLs. Both are considered unsecured. Both are covered by the FCRA and FDCPA.

[single317dad]

Most likely, the terms were included in the other stuff in the envelope. In theory, a CC is considered an "open" type account...you charge some, pay some back, charge some, etc. The sign this check thing may be attached to a CC (which would make it an open type) or it may be a "written" type where you agree to borrow a fixed amount. In most states, open an written have different SOLs. Both are considered unsecured. Both are covered by the FCRA and FDCPA.

Yes, it looks like the SOL for the "written" type debt here is 10 years, while an "open" type is 6 years. No matter; none of these debts is over 4 years old.

However, if this is a "written" type debt, I'm hoping they'll have to produce a signed contract (the back of the check). There was no revolving aspect here; simply sign, deposit the check, then make payments monthly. JDB attached NOTHING to their complaint.