SOL DEFENSE-CREDIT CARDS=OPEN ACCOUNTS
- DO NOT under any circumstances state that the debts are yours.
- In the area for affirmative defense, you state ;
- These ALLEGED debts,dated xxxx ,xxxx and xxxx from plaintiffs complaint,
are time-barred under (YOUR STATE) statute § _____
- (attached exhibit # 1)
IF YOU HAVE MOVED FROM ONE STATE TO ANOTHER READ THIS
- Obtain the correct Statute from my website
- These alleged accounts do not fall under the (YOUR STATE) Statutes for
written contracts for the following reasons.
- 1- They are excluded under(YOUR STATE) Banking & Interest Definitions
Statute § ______ , (attached exhibit 2.)
- 2- They are excluded under (YOUR STATE) Statutes Of Frauds § _____
(attached exhibit 3)
Link To State Credit Contract Laws
(Statute Of Frauds)
- If the appropriate statute #'s are not listed under your State,
use the phrase (2) without the statute # or "attachment".
- 3- They are excluded under the Federal Truth In Lending Act Title 15 § 103
(attached exhibit 4)
TRUTH IN LENDING ACT(ABRIDGED)
- The following section in boldface is to be used if there is any question of the status of a credit card account as an open end account and NOT a "written" contract for the purpose of SOL.
- Refer to this case:
- ILL.CASE LAW
- You may refer to it by it's case # or print it out.
- Obtain a copy of the BACK of a bill from the CC Company that was the original creditor,and refer to it's terms and conditions as being those of an open-end agreement under TILA (as referenced in the above case)
- State that it is not plausible for a credit card agreement to be classified as an open-end agreement while it is active, but to be claimed to be a closed end "written" contract after default.
- Also refer to the following:
- Section 226.28 of Regulation Z
Describes the effect of TILA on state laws.
- As a general matter, state laws are preempted if they are inconsistent with the act and regulation, and then only to the extent of the inconsistency.
- A state law is inconsistent if it requires or permits creditors to make disclosures or take actions that contradict the requirements of federal law.
- Make sure you make at least 3 copies of everything,file one with the clerk
of courts,send one to the ca CRRR,and of course keep one for your records.
- Tolling is the term that is used to suspend the time of the SOL.
- If you have moved out of the State where you first defaulted, and then
moved BACK to that State,the time you were out of State MAY be "tolled" that is,
not counted, depending on your State's Statutes.
- On the other hand, if you have moved from a shorter SOL State to a longer
one, and are being sued, or threatened with a lawsuit, you MAY have a provision
in your State statutes that limits the lawsuit to the SAME SOL as in your
prior State (if you defaulted there)
BACK TO INTRODUCTION