I am currently fighting a credit card debt action filed against me by Unifund. The issue is whether credit card debt is open account debt subject to 3 year SOL in the State of Washington or a written agreement debt subject to 6 years. I asked the same question on another forum and received an answer from a person calling it a written agreeement debt subject to 6 years SOL. However, on various webistes on the internet, they list credit card debt as open ended debt and not a written agreement debt. Does anybody has a bonafide confirmed answer to this question?

Furthermore, to assert their claim that the subject debt is a written agreement debt, Unifund has attached a standard preprinted "Retail Installment Credit Agreement" stamped signed by some authorized officer and dated 1994. The agreement does not have my signatures on it. It acutally does not even have my name on it anywhere. I also don't recall ever receiving this agreement. My credit card was issued to me in 1987 and this agreement is dated 1994. My questions regarding this agreement are:

!. Can they use this agreement to prove that the debt is a written agreement debt subject to 6 years SOL eventhough I never signed the agreement, it does not have a principal amount, interest rate or an expiration date?

2. Can they use this agreement eventhouhg it is dated several years after the card was issued?

3. Is this agreement admissable because it is a preprinted standard agreement without my signatures? It actually looks like preprinted standard terms and conditions they probably send to every card holder.

4. Does anybody know if they started this practice of sending these agreements in and after 1994? I never received one in 1987 when the card was issued to me.

It should also be noted that Unifund never verified the debt by providing me a copy of a signed application or any other instrument bearing my signatures. I asked them to do so within 30 days after receiving a collection letter from them.

The debt incurred during my recovery period (almost a year) in 2002 after a bad accident. After recovering from my injuriest, in 2003, I tried to pay on the credit card but Key Bank would not accept any payments because they had written off the debt. I wrote them certified letters (with return receipts) imploring them to accept payment or work something out, they never respodned. In October 2006, Unifund through their attorneys served me the papers

Any help or advice will be greatly appreciated.

Seiticorta

I called them and recorded the entire conversation and even got them to admit that the statute of limitation had expired and they admitted that they could not sue me. If they try to now, it will be viewed unfavorably by the court. Good luck with your court date...

Suse50

I am being sued by Unifund for a credit card debt with a credit card I never had and that is not on my credit report. They have a reputation of filing in a different city than where you live in hopes of winning a default judgement. Answer their summons. I received some good information on this site and went to the courthouse and found out today that I can contest them appearing telephonically. I just hope the judge denies them the right to appear telephonically. They win default judgements because some people cannot travel to the courts where the suit is filed and don't answer the bogus claims. I want them forced to face me in person. Good luck against Unifund!

K_2

Go to www. fico. com There is a lot of resources there to help people deal with collection agencies and companies who sue after SOL. Debt and Credit is what that site is about. It list how to proceed when a company is suing past SOL and where to file complaints and get accurate information. I believe SOL can be reset depending on the different circumstances.

cocoarena

oh my GOD their suing me too!
i'll get back with more later.. but this is such a coincidence.