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  #21 (permalink)  
Old 08.27.2008, 12:20
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I believe Rhode Island has a 10 year SOL on open accounts, however a lot of creditors use choice-of-law provisions that would perhaps give you grounds to invoke the shorter SOLs of other states, or even argue that the contract is rendered ambiguous with regard to SOL by not specificially referencing the SOL if Rhode Island is not a choice of law state that would automatically apply the other state's SOL. Ambiguities in contracts are construed against the drafter...
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  #22 (permalink)  
Old 08.27.2008, 12:20
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Join Date: Mar 2003
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Quote:
Originally Posted by Hedwig View Post
File your answer with the court as well.

To find out your state laws, it's best to check with an attorney licensed in your state, or contact the AG's office and see if the laws are online somewhere.
Will do...just note sure where they'll file it since there's no case number.

I'm looking in the RI General Laws and Civil Procedures as we speak. Thanks!
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  #23 (permalink)  
Old 08.27.2008, 12:23
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Join Date: Mar 2003
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Quote:
Originally Posted by flacorps View Post
I believe Rhode Island has a 10 year SOL on open accounts, however a lot of creditors use choice-of-law provisions that would perhaps give you grounds to invoke the shorter SOLs of other states, or even argue that the contract is rendered ambiguous with regard to SOL by not specificially referencing the SOL if Rhode Island is not a choice of law state that would automatically apply the other state's SOL. Ambiguities in contracts are construed against the drafter...
It's actually 4 - 10 is a misconception that is unfortunately repeated all over the web.
6A-2-725

CapOne uses Virginia (3) and WAMU uses NH (also 3)...after that you lost me.
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