Credit Card
Credit Card
How is a credit card considered a written contract instead of an open account?
I am being sued by a collection agency for an old (over 3 years) Visa credit card debt. I live in Alabama and the Statue of Limitations on Open Accounts is 3 years. I hired an attorney but he says that I probably will have to settle because it is not an open account but a written contract account which has a SOL of 6 years. He says this because the collection agency produced a piece of paper that I signed when I opened the account (basically it’s the credit card application). I researched on my own and most information that I found says that Credit Cards are always open accounts. I did find one place (Wiki Answers) where someone said that credit cards could be written contracts. Is my attorney wrong or can this indeed be a written contract in some way. I really need to know before I go to court. Please give me some type of solid backup to your answer and not just your opinion.
Sorry I can’t give you a definite answer, but if the Alabama courts have found credit cards to be a form of a written contract, then article 2 of the UCC would be irrelevant. I’ve found anecdotal evidence to suggest this is the case, but nothing firm. I did find examples of other cases in other states where the courts ruling seemed contraindicative of the UCC, and was based partly on UCC limitations – meaning it looks like there definitely is a chance (depending on EXACTLY what was included in that signed piece of paper the collection agency produced) that your credit card account qualifies as a written contract.
If you’re unsure, you could try contacting another attorney from Legal Aid for a free second opinion, although I doubt your attorney would give such seriously erroneous information. I know that there legal fees are ginormous, but why not ask him to spell it out to you, show you previous cases where this ruling was upheld, etc.
|
|
Vertical 20 Pockets Blk ID Credit Card Storage Pouch $4.15 |
|
|
Rectangle Metal Credit Card Organizer Case Gold Tone $6.81 |
|
|
Blue Faux Leather Name Business Credit Card Case Holder $5.74 |
|
|
Lady Business VIP Credit Card Case Fuchsia Silver Tone $5.88 |
|
|
Silver Tone Credit Business Name Card Metal Case Holder New $4.10 |
|
|
PVC Plastic Cover 10 Sheets Credit Business Card Holder Organizer $4.50 |
|
|
Leather Magnetic Business Credit ID Card Holder Case B54 $0.99 |
|
|
New Elvis Presley Business Credit Card Case Holder Metal $0.99 |
|
|
Pur ID Card Credit Card Wallet Holder Aluminum Case Box RF ID Protector 7 Layers $4.98 |
|
|
blu ID Card Credit Card Wallet Holder Aluminum Case Box RF ID Protector 7 Layers $4.99 |
|
|
Black Business Credit Card ID Holder Organizer $4.99 |
|
|
RED ID Card Credit Card Wallet Holder Aluminum Case Box RF ID Protector 7 Layers $4.96 |
|
|
New Snow Leopard Business Credit Card Holder Case $0.98 |
|
|
Stainless NEW Business Name Credit ID Card Case Holder Cross Reflection $0.99 |
|
|
Stainless Metal Business Name Credit Card Holder Case $0.99 |
|
|
Black Business Name Card Credit Card Case Holder new $6.26 |
|
|
Rectangle Silver Tone Metal Credit Name Card Holder Organizer $6.38 |
|
|
New Gray Wolf Business Credit Card Holder Case $0.98 |
|
|
Rectangle Business Name Credit Card Clip Case Holder $4.23 |
|
|
Black Card Holder for Business Name Card Credit Card $6.72 |
|
|
New Johnny Cash Business Credit Card Case Holder Metal $0.99 |
|
|
New Wolf In The Moon Business Credit Card Holder Case $0.98 |
|
|
Leather Business Credit ID Card Holder Case Wallet Office Gift C08 $0.99 |
|
|
New 96 Business Name Card Credit Card Holder Book UK $0.01 |
|
|
STAINLESS STEEL BUSINESS CREDIT ID CARD HOLDER CARDCASE S $0.99 |
|
|
New Evil Vs Good Business Credit Card Holder Case $0.98 |
|
|
Fuchsia 6 Compartments Credit ID Business Card Guard Holder $7.24 |
|
|
Wht Dots Decor Brown PVC Bank ID Credit Card Organizer $5.04 |
|
|
Leather Credit Card/Business Card Holder W/ Snap Black $9.99 |
|
|
Wallet Style Business Card Credit Card Holder Gold-tone $6.26 |
|
|
Leather Magnetic Business Credit ID Card Holder Case Bk $0.99 |
|
|
New Il Divo Business Credit Card Case Holder Metal $0.99 |
|
|
New Cats Business Credit Card Holder Case $0.98 |
|
|
New High Grade PU leather metal Business Credit ID Card Holder black office $3.50 |
|
|
new Electrochemical Iron Business Credit ID Card Holder case Beijing opera type $3.45 |
|
|
Blue Business Credit Card Sleeve Rectangle Case Holder $4.52 |
|
|
Fantasy Art – Firey Horses Business Credit Card Case $0.98 |
|
|
New Business Name Credit ID Card Holder Case 120 Cards $0.99 |
|
|
Business Credit VIP Card Sleeve Holder Organizer New $4.92 |
|
|
New Toby Keith Business Credit Card Case Holder Metal $0.99 |
|
|
New Cute Cat Business Credit Card Holder Case $0.98 |
|
|
New 300 Business Name Card Credit Card Holder Book $0.99 |
|
|
BLACK LEATHER BUSINESS NAME CREDIT ID CARD HOLDER CASE $0.99 |
|
|
Black Bike Motorcycle Business Credit Card Holder Case $0.98 |
|
|
Silver Tone Metal Polished Business ID Credit Card Holder $6.69 |
|
|
Leather Magnetic Business Credit Card Holder Case B67 $0.99 |
|
|
New Gackt Business Credit Card Case Holder Metal $0.99 |
|
|
New Fight Of Dragons Business Credit Card Holder Case $0.98 |
|
|
NEW Brand 1 x Purple Aluminum Business ID Credit Card Holder Case Wallet if Hor0 $0.25 |
|
|
Notebook Styly 240 Pcs Capacity Credit Bank Card Holder $10.73 |