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Author Topic: Statute of Limitaions - Written instrument  (Read 22080 times)
IAMfree
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« Reply #15 on: April 28, 2010, 12:14:08 AM »

Please, in plain English, is there anything that can be used as a defense when it comes to credit card agreements versus a valid contract? I have studied contracts, agreements, the oral  'meeting of the mind' and still cant grab a clear understanding if there is anything within that for a defense.

Written instrument...can you explain that further, particularly as a defense? Thank you!

I read a post elsewhere made by a paralegal that there is no valid contract with CCs, that the burden of proof in on the bank.What about when one applies for a card online? Also the time a person applies for a card, that is called a 'permissible purpose' but is not any kind  agreement or contract. So where does 'contract' fit in here for credit cards? Also, what if a person applies for a card online?

My eyes are crossing as I read this post. I admit, when it comes to legal issues I am completely lost. So please help me understand this better. Thank you!

I had read somewhere that a credit card agreement attached to a complaint has to match the date of the complaint. Does anyone know if this is true and how to enforce that?

Again, thank you so much for your responses!

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IAMfree
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« Reply #16 on: June 25, 2010, 10:35:27 PM »

No one has responded to this as of yet, two months later.

I have to assume then that no one here has the answer to my last reply.

So my guidance IS really, truly from a Higher Source! Got it! What better atty could I have? :>) The Great Mind knows all. Thank God (and literally) that I trust this Great Mind, my only Source of supply!

Never mind...I already have the answers...it's all within.
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Fighting the Good Fight in FL
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« Reply #17 on: June 26, 2010, 09:58:01 PM »

Everything you need is within this topic. Florida Debtor summed it up pretty well:
"You don't really because FL's contract-based limitations laws aren't defined that way. They are defined based on whether the claim is based on a writing that meets the test of what constitutes a written instrument or not.
The plaintiff has the right to chose the theories of recoevery to pursue judgment on. However, the law also says that regardless of what theory is alleged by the plaintiff, the SoL is determined by the nature of the claim.
You could argue that the nature of the claim is of an open account based on the Hawkins v. Barnes case (which is what you described above), since that is applicable law to defining what is an open account action in Florida. TILA is federal lending practices law and no definition for that narrow purpose applies to state common law breach of contract causes of action. If the composite set of documentation did not constitute a written instrument as defined by FL law (such as the Fernandes case, ARDC Corp. v. Hogan, McGill v. Cockrell, etc.) then the nature of the claim is not founded on a written instrument."

The judge will rule if it is a 4 or 5 year SOL based upon the submitted evidence. Fraudfighter says that the Fernandes case will help the judge to rule in favor of the 4-year SOL. Take a copy with you to court!!

If you need more specific answers about your case, we will need more specific information...
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