shellieh98 Posted February 18, 2015 Report Share Posted February 18, 2015 @saytar I know how to fight a credit suit. I was posting the difference between contracts, they don't need one with your siggy for it to be 5 years vs 3. I'm not even saying don't try that defense, raise it along with everything else, even if you lose, at least you made them work.But don't be surprised if the court rules it as a 5 year sol. They still have to get the heresay in. Good thing most courts are not like az., they let the JDB authinticate the OC records.I don't know specifically about how Oklahoma has ruled, but I have seen over and over how most states rule on this very subject of a cc. Being a written vs implied contract. And yes most times if they don't have a copy of the agreement they fall back on account stated. That gives you more ammo to make them prove it. The offer, the acceptance, the amount, meeting of the miss to make the agreement. Pretty tough stuff for a JDB. Throw standing in there and they should never win a case in court. Good thing is most not all cases where the person being sued and they learn, they prevail. Bad part is a lot of people don't have the time to learn, they just can't grasp the concept, or they are to scared and ignore it hoping it will go away. You just gotta know what your up against and put your energy and learning more toward the things that will help you prevail.Oh and most the time account stated may be called implied, but it isn't classified as an oral contract. This link says ok. On debt is 5 years. Quote Link to comment Share on other sites More sharing options...
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