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Oklahoma SOL; account stated


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Hi, I know there is some confusion to the OK SOL  and depending on the judge how they will rule if a CC debt is account stated/written/oral/open ended.

 

I was wondering if the laws changed after the default would the old laws be in effect? and does anyone have any good arguments or case law on account stated?

 

I've been browsing cases through OSCN, justia, google scholar, etc and i'm just not coming up with anything very helpful for the state of Oklahoma (or in favor of the defendant anyways)

 

 Thank you in advance for any input.

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I'm not sure about the account stated vs breach of contract, but I think it depends on how they approach their case. I havn't seen any cases that have gone to trial and the defendant won, but most of the cases where they fight back end up dismissed one way or another.

 

As far as SOL, I'm operating under the assumption it is 5 years. The 3 year seems to be only for non-written agreements, and I think some people assume if they don't have a contract that it is "non-written" although I don't think the judge sees it that way. However, I think they could use the account stated option without a contract, and then the SOL may apply at 3 years. As I understand it, to use account stated, they have to prove you received the statements in the mail, which they can't do, especially if you've moved. This is why I think they ask for previous X years addresses, so if you've been in the same place they can make the argument you would have received statements in the regular course of business from the OC. This is all my uninformed opinion, by the way.

 

It will probably help if you fill out the questionaire from this thread.

 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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Well we're at the motion for summy judgement phase. I was just looking for any additional arguments I can bring up if need be. I've been browsing around here for about 2 years so I kinda have an idea of what to do but finding Oklahoma cases that even made it to the motion for summary judgment phase are few and far between!  Thank you for replying though :)

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