What do you think of this?. If the OC can't provide copy of the application the contract becomes a verbal instead of written which shortens the SOL in a lot of states. I was thinking if this in those cases where the judge accepts statements as validation.
Are you talking about credit card accounts? Many states have a specifc statute of limitations on open accounts. Our state courts define open accounts as accounts with numerous charges and payments, not simply a single contract or purchase agreement on which the debtor makes periodic payments. However, the open account concept is not defined in our state's statutes and is therefore unresolved. Unless court documents specifically call an account "open," the defendant could probably argue that it is a contract--either verbal or written. I would check your state statutes. I would say that unless the state statutes tell you that you're wrong, it's worth making the argument.
You cannot change the nature of a contract by a failure of the plaintiff to provide proof of it's being signed. The only State I know of that has a shorter SOL for a cc account that has not been signed for is Ca.
