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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience:  Actively practicing trial attorney
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i had a american express account that that a balance, charged

Customer Question

i had a american express account that that a balance, charged off may 2005, i am a resident of the state of alabama, american express has sued me in circuit civil court in the month of september 2009, i think the statue of limitations has ran out. i don't have my original cardmember agreement but it seem to me in my searching the net majority of american express cards are governed by state of utah which has a 4 year statue of limitations, i need some legal advice regarding statue of limitations with regards XXXXX XXXXX card debt
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.
It would be governed by the state in which you live. Open Account: An open account is a revolving line of credit that has varying balances over the course of its life. Example of an open-ended account is a credit card. For example, the statute of limitations period that debt collectors have to collect credit card debts owed in the state of Alabama is 3 years.

You answer using the statute of limitations as your affirmative defense.
Customer: replied 4 years ago.
american express has successfully argued in other cases that it is a written contract and that card holders agree to that and that they agree they will be bound by whichever state it elects?
Expert:  lwpat replied 4 years ago.
They would have to produce the original contract with your original signature. I doubt that they can do that. You can demand that they produce the contract in discovery.
Customer: replied 4 years ago.
if i hire an attorney, should the attorney argue the statue of limitations part or how should he respond to the court? american express is using the we don't have to produce written contract, holder accepts terms by usage of card
Expert:  lwpat replied 4 years ago.
How can they prove that was the terms when you signed? Here I would claim statute of limitations and then simply argue it in court. You can check at the courthouse to see if there have been any other cases with American Express and get that file and see what happened.
Customer: replied 4 years ago.

will they let me at the courthouse search for cases involving american express or other credit card companies with regards XXXXX XXXXX of limitations cases? do u think i have a good chance at this or should i just offer to settle for may 50 to 60%?

 

Expert:  lwpat replied 4 years ago.
The clerk of court can look any other cases up for you. Here I would try and see if you can find anything first. I would still fight it but the choice is yours.

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