Internet signed cc agreements

what state are you in?2002 sounds like it's close if not past the SOL,but i could be wrong.

Colorado, but defalut occured in 2004. Thus still making is within the 6year SOL of this state. There is a3 year SOL for written contracts but I dont think a credit card qualifies for that SOL.

There's been a lot of debate whether a CC is a written contract of an open account when it comes to determining SOL.

I even had a woman at the Florida Attorney General's office tell me they don't even have an exact determination. Which is pretty a annoying. Makes me wonder why I even call them when I cannot ever seem to get a straight answer.

Well, I guess if I am unable to locate the original contract that I signed with cc compnay, my guess is neither can the CA.

I found this and it explains it pretty well.


a written account is an account secured with some sort of lien, such as a car, a house, land, or some other large asset where the lienholder has filed a lien with your secretary of state (aka UCC Filing or Uniform Commercial Code filing). open accounts are accounts not secured by collateral, such as credit cards, student loans, charge accounts, etc... KEEP IN MIND - this doesn't mean when these items are deleted from credit reports, and many states will "reset the clock" if you acknowledge or affirm a debt that has been dormant for several years.

Also you had it right the first time Sis, you sign a USER AGREEMENT not a contract.

I had this question, too but the CA who sued me said all their office can see is that it was a cc that it was an "internet transaction." Also, they might use copies of signed checks for payments as proof that you signed for the cc account.

Ahhhh...Signed checks doesn't proove what it is that i signed in the agreement though right? I wonder if my original agreement for this account is still out there somewhere?

I'd like to hear more on that issue. I've never heard of a CA threatening to use checks as proof you agreed to a debt. Many people send payments in to creditors on accounts that are not actually theirs, for whatever reason.

A check used as payment proves nothing as far as I'm concerned.

Besides, what about those of us (like me) that strictly use online bill pay? Those checks don't have signatures on them. And what about ACH payments to creditors? No signature on those either.

Does any else have any thoughts on this? Or have they experienced anything along these lines?

Very good points. Somewhere there has to be some kind of ruling on how a cc debt must and should be validated in a court room.

Anyone?