Ok, every website I can find that lists statute of limitations for collection lists a column for "open accounts". However, I have checked the state statutes (for Missouri) and have not found anything specifically listing a SOL for open accounts. The SOL for open acounts in MO is listed as 5 years. Where are these sites getting this information??? I can't find it anywhere and I need to defend myself in a lawsuit. I want to use the SOL affirmative defense.
jdog, In a post in your other thread, you mentioned speaking with some lawyers about the SOL. What exactly did they say about Mo. law? The concept seems simple. Either it's 5 years or it's not. It just seems like any lawyer in Mo. should be able to tell you with no equivocation what the SOL satutes are in that state.
Very few States specifically refer to "open" accounts in their SOL statutes. The normal language is either by exception (as in Mo.'s 5 year SOL) or as an inclusion, in most Southern States.Some States like Ohio, just use the description "other". The classification of an "open account" is found in the TILA (Truth In Lending Act) and includes not only credit cards, but store charge accounts,equity line of credit accounts, and any other type of account that fits the definitions in the TILA.
I agree. Any lawyer in MO should know the answer to my question. However, it has been unbelievably difficult to find an attorney that has a clue about this. Leave it to Missouri to be so vague about a simple statute. I just need to know, once and for all, whether I have an affirmative defense to this action or not. If I don't, then I will try to work out a settlement or go through mediation to avoid a judgement. If I do, I want to use it to defend myself. But I am going to need some statute or law that I can refer to that supports my SOL defense. I can't go in there and say, "look this website or this website says the SOL on open accounts is five years"
I e-mailed you all the statutes you need. You should make sure this has been properly filed in Small Claims Court,if it hasn't you should include a copy of the statute I sent you as part of your answer. In addition, I sent you the statute forbidding certain legal actions by unauthorized parties, and the statute prohibiting filing untenable suits for the purpose of harrassment.
