Trying to determine if a CC debt governed by AZ SOL is a "contract in writing" or "open account"? 1) There isn't a signed application. 2) Opposing attorney says his client will be able to establish card use by defendant. 3) My guess is any evidence will by deposition or affidavit.
Generally, the are an open account insofar as the terms renew each time an additional charge and payment are made. Your state may have codified this as well.
Agreed, a "written" account is usually a "closed end" agreement such as an installment loan. This prescribes a set original amount, set interest rate, set payment schedule and amounts. The other kay factor is a "final" due date or closing date. The contract has a specific "life span" (i.e 3, 5 10, 30 years). An "open" account has the ability to change, as to amount of debt, payments, length of agreement, etc. An open account is governed by a written set of terms and conditions which must be mutually agreed to.
In almost every state, credit cards are considered open accounts for the reasons Apex and Biz stated. The terms can also be changed with a certain amount of notice. That's why you often get changes in terms included in your bill or as a separate mailing. When it's a written contract, the terms don't change during the term of the contract.
Equal protection clause violation? Summary: No written application and CC Agreement states it is governed by AZ law. Attorney wrote: ORS 12.450 provides and I believe a court would find that under the circumstances, the 6 year Oregon statute of limitations would be applicable in this case. Requiring a written contract be "executed within the state" in order to provide a longer statute of limitations violates the equal protection clause of the Constitution. Isn't it strange that he moved from holding its a written agreement/contract to AZ law doesn't apply. Also, does CC agreements go through expensive legal review and this legal team would be aware of such a conflict?
