I am a 3rd-party debt owner of a credit card account. I filed a proof of claim
in a bankruptcy case in the Eastern District of California. The debtor's attorney has objected to my claim, based on the following:
1) I did not attach the written contract
creating the credit card account, so therefore, the contract must have been oral;
2) The statute of limitations
for oral contracts in California is two (2) years;
3) The last payment on the credit card was over two (2) years ago; and therefore,
4) The statute of limitations has run and thus, the proof of claim should be disallowed.
I did not attach the written contract establishing the credit card account because I don't have it. The bank only keeps contracts of this nature for two (2) years. Unfortunately, I do not have any account statements to attach. I ordered the statements, but am advised it could take up to nine (9) months to receive them. I attached to the POC bills of sale, the account data file from the bank, and an affidavit.
The debt is approximately $16,000. The debtor listed the debt on his Schedule F.
Is there any way for me to refute this objection? It's well established that credit card accounts are not oral, but I don't know any way to back up this fact. The account is within the California statute of limitations for written contracts.