What is the name of your state?What is the name of your state? NE
Asset Acceptance has filed suit and have court date soon. They show Last Day of Activity to be July 1999, they filed suit July 2004. SOL for written contract is 5 years in Nebraska, (I do have issues with their SOL) 4 years for oral contact.
I have been looking over Nebraska state statute:
25-206, Actions on oral contracts or statutory liabilities.
An action upon a contract , not in writing, expressed or implied,----can only be brought in four years.
If you look in:" 2. When statute is applicalbe." you will find this: "Contract partly written and partly oral" (oral is defined above, is it not, as not written) "falls under this section. Grant v. Williams, 158 neb. 107, 62 N.W. 2nd 907(1957)."
Does this not support, that a credit card, which is an open ended contract as defined by the Truth in Lending Act, is at least in part not a written contract therefore this statute would apply.
Do I maybe finally have my argument for court?
Yes this forum, especially Ladynred, has been a big help. Thanks to all.
Asset Acceptance has filed suit and have court date soon. They show Last Day of Activity to be July 1999, they filed suit July 2004. SOL for written contract is 5 years in Nebraska, (I do have issues with their SOL) 4 years for oral contact.
I have been looking over Nebraska state statute:
25-206, Actions on oral contracts or statutory liabilities.
An action upon a contract , not in writing, expressed or implied,----can only be brought in four years.
If you look in:" 2. When statute is applicalbe." you will find this: "Contract partly written and partly oral" (oral is defined above, is it not, as not written) "falls under this section. Grant v. Williams, 158 neb. 107, 62 N.W. 2nd 907(1957)."
Does this not support, that a credit card, which is an open ended contract as defined by the Truth in Lending Act, is at least in part not a written contract therefore this statute would apply.
Do I maybe finally have my argument for court?
Yes this forum, especially Ladynred, has been a big help. Thanks to all.