Hello, new to this board, but long time participant on others. I would be curious if any members here have experience in using the shorter SOL in defending lawsuits arising from crecit card debt. I'm mainly speaking of the midwestern states where there's a large difference between the open account and written contract SOL. Most attorneys I've spoken to, say it's cut and dried written account. On the other boards I frequent, it's blasphemy to challenge the resident guru's who say all credit cards fall under the shorter SOL. The Truth-in-Lending Act is often given as grounds that credit cards are classified as open. However, no one has ever related successfully defending a lawsuit using this defense. There's never any caselaw referenced on this issue either. I would be interested in what the various members of this board think about this subject.
If they agency can provide a written signed contract then they can use the written contract. If they can not provide the actual contract they must use the open account SOL.
