View Full Version : Connecticut credit card=open account?
conan56
Dec 13, 2008, 07:20 PM
Are credit cards considered open accounts in CT? If so which state statue governs it? I am going to court next month on two 6.5 year old credit card accounts, and need any info I can get to defend the cases , I wanted to use a SOL defense. Thanks
JudyKayTee
Dec 14, 2008, 08:08 AM
Are credit cards considered open accounts in CT? If so which state statue governs it? I am going to court next month on two 6.5 year old credit card accounts, and need any info I can get to defend the cases , I wanted to use a SOL defense. Thanks
A credit card is an open account; the Statute is 6 years from the last activity (charge/payment).
The papers would have had to be FILED with the Court (not served) within the Statute.
Do you have other defenses if this one fails?
conan56
Dec 14, 2008, 11:46 AM
I thought it was 3 years on open accounts:confused:
JudyKayTee
Dec 14, 2008, 12:20 PM
I thought it was 3 years on open accounts:confused:
I'm not in Connecticut but this is what I found:
Open Account (credit card): 6 years
Written Contract: 6 years (3 years if oral)
Domestic Judgment: 20 or 25 years
Small Claims Judgment: 10 or 15 years
Foreign Judgment: 20 years
(Debt and Bankruptcy Laws -- State Statutes -- Connecticut (http://www.bcsalliance.com/debt1_connecticut.html))
I find nothing that says it's been changed.
If you have something that replaces or corrects this, please correct me.
LegalIce
Apr 9, 2009, 08:41 PM
In the State of Connecticut, General Statutes on Statute of Limitations (SOL) is 6 years on the open-ended (or credit card) accounts OR 3 years from when the creditor is entitled to sue (i.e. a creditor is entitled to sue the first day after a scheduled payment is not made - hence 3 years from the "last activity"). Any suit must be initiated by the original creditor or the legal, licensed assignee entitled to collect the debt (junk debt buyer) within the 3-year SOL. If no action is instituted in court within that timeframe, the case will automatically be dismissed and the creditor no longer has any right to sue you to collect the debt. The SOL is very critical, so keep good records.