Credit Card Lawsuits And
Statute Of Limitations

When facing Credit Card Lawsuits, it is difficult for Pro Se's to find accurate information, especially when it concerns Statute of Limitations (SOL), and the role it should play in their Lawsuit over Credit Card Debt.

First, Credit Cards are referred to as "open accounts" or "open-ended accounts". When a consumer is approved for a Credit Card, they are set to begin using their card just as long as they keep within the limits of their approved credit line.

With revolving credit you are responsible for making a payment each month depending on the charges you have made, in addition to any interest charges.

Each time payments are made, more credit is being made available to you, based on the original credit line that was extended to you...You already knew that so...

What Are The SOL'S For
Credit Card Lawsuits

Good question and we have never felt comfortable enough with this answer to hinge our case, in a Lawsuit over Credit Card Debt, based solely on this argument.

Most state Statutes do not specifically state, Open-Ended Accounts have a SOL of X number of years, for Credit Card Lawsuits.

This gives your opponent an opportunity to present a variety of opposing arguments, and leaves room for interpretation for the Judge...We want to avoid this scenario if at all possible.

To establish when the SOL starts, you must find the date of the last payment... Generally, you can add 30 days to that date, to establish a time period when the SOL would start, for Credit Card Lawsuits.

For example, if you made your last payment January 1, 2009 add 30 days or 1 month...February 1, 2009 + Your States SOL for Open-ended accounts.

This is the SOL for your account...If the SOL for your State is 3 years, February 1, 2012...This would be the last day they could file Credit Card Lawsuits against you.

If during this time you have made ANY partial payments to the account in question you maybe "re-setting" the SOL, for Lawsuits Over Credit Card Debt...SO BE CAREFUL.

This is precisely why Debt Collectors want you to send them payments.

SOL's on their own cannot be relied upon to produce consistent winning outcomes...So why put energy into an argument that DOES not produce consistent results?

We have seen this countless times and we feel Consumers need to be aware of the risks, of basing their entire argument in Credit Card Lawsuits with the SOL argument.

"Credit Card Lawsuits...
Avoid SOL'S As A Primary Defense"

If your case is beyond the SOL, it is definitely worth noting in your response to the Complaint. However, just because you believe the account is beyond the SOL, does not mean your opponent cannot get a judgment against you.

If your primary defense, for Credit Card Lawsuits, is SOL'S your opponent will more than likely move for a Summary Judgment...You are now at risk and have the chance of a Judgment being entered against you.

The problem with the SOL argument is your opponent has a wide variety of options in presenting an opposing argument.

For example, most Banks are chartered in states with the longest possible SOL's written or verbal.

Your opponent might argue, that since the Original Creditor or Bank wrote the agreement, the Bank's home state has the prevailing SOL.

What if the SOL for written contracts in your state is longer than what you are arguing? Your opponent could easily take this as their argument. It is hard to anticipate your opponents response.

It will take a lot of time educating yourself on a subject that will not produce a predictable winning outcome.

Courts have been very inconsistent on how they rule on this subject and anyone promoting this as a reasonable defense,for Credit Card Lawsuits, does not have the experience or understanding to consistently produce winning results.

As a Pro Se,you DO NOT want to be in front of a Judge matching wits with an experienced Collection Attorney...After all this is his/her job, and more than likely they know the Judge personally.

Who do you think the Judge is more likely to rule for in Credit Card Lawsuits?...The Collection Attorney they see a couple times a week or the Pro Se?...We all know the answer to that!