Secret tactic is to win by default. There is no excuse for this to happen on a SOL case but it does. If SOL is circumvented then in reality The SOL is not absolute as proclaimed? Ablosute can not be changed. If it is then it was not absolute in the first place!
1*YEP:and a monkey was the judge. 2*Ever haar of payment under the table? 3*It sure wasn't here was it?
Well, I'm afraid I probably won't be much help. I did go to court and I got the case continued. Then, I started working with the attorneys who were suing me and we got it continued twice more while we were working things out. I never did get a definitive answer on the SOL in MO for this kind of account. The problem is, MO has two different SOL statutes relating to contracts: one for contracts involving money (very vague) and another for written contracts. The written contracts SOL is 5 years, so I thought I was ok with the credit card account. But, the credit card account was involving money, as was the suit. So, there is a grey area. T he only attorneys I could find that offered to research all the precedents and give me a formal opinion all wanted hundreds of dollars to do so. I wasn't willing to pay this, so I decided it would be best to settle out of court. That is what I did. I settled for a percentage of the amount due in exchange for dismissal of the case. I guess you could say I got cold feet. I will say this, Missouri is one of the most un-friendly states as far as consumer rights is concerned. Every law is geared toward big business including the SOL statutes. Thank goodness I'm moving this fall.
The problem is that the Mo lawyers are not interested in defendng debtors cases.I have ammassed a LOT of material on the Mo. laws that can be used to defend on SOL and other matters. Anyone who is willing to fight for their rights is welcome to e-mail me.
Amazing Why Chat. How are they getting around the specific reference to a cc being an open contract in the TILA? Or, do you just have to take your licks in small claims court and move up the food chain to a higher court .
I do not know why so many Mo lawyers are so confused about the new "debt" statute. It refers to written contracts. The definition for a written contract is in the Mo statutes. It does not encompass an open ended credit card account. Because there is a signature, and an agrement in writing does NOT make it legally a written contract.It must fulfil the other requirements of contracts -be for a fixed term, with fixed conditions and interest rate. Actually, a GOOD lawyer could make a case for a 4 year SOL for credit cards in Mo., if it was only used to purchase consumer goods.
