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How is a credit card considered a written contract instead of an open account?

Fri, 03 Sep 2010 00:10:38 +0000

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.

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Mon, 09 Aug 2010 21:21:44 +0000

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Is credit card debt considered an open account or a written contract?

Thu, 05 Aug 2010 02:35:46 +0000

I live in the State of Georgia and am being sued over an old credit card that I defaulted on. It has been more than 4 years but less than 6 years since the date of default, so depending on whether credit card debt is considered an open account or a written contract in the State of Georgia, the Statute of Limitations may or may not apply. The Staute of Limitations is 4 years for open accounts and 6 years for written contracts. Does anyone know for certain which type applies for credit card debt in Georgia? The account is with Citibank MasterCard and was opened in the late 80′s or early 90′s. Thanks.

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