Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

i had a american express account that that a balance, charged

Customer Question
off may 2005, i am...
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: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
10/1/2009
Lawyer: lwpat, Attorney replied 8 years ago
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
Experience: Actively practicing trial attorney
Verified
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.
Ask Your Own Legal Question
Customer reply replied 8 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?
Lawyer: lwpat, Attorney replied 8 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.
Ask Your Own Legal Question
Customer reply replied 8 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
Lawyer: lwpat, Attorney replied 8 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.
Ask Your Own Legal Question
Customer reply replied 8 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%?

 

Lawyer: lwpat, Attorney replied 8 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.
Ask Your Own Legal Question
Ask lwpat Your Own Question
lwpat
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
25,387 Satisfied Customers
Experience: Actively practicing trial attorney

lwpat is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,305 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
What is the statute of limitation on medical bills. I just
what is the statute of limitation on medical bills. I just received one from 51/2 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
In Illinois. Question 1: Once a statute of limitations runs
In Illinois. Hello, Question 1: Once a statute of limitations runs out on a business loan [10 years] can the collection agency still serve papers and try to sue? Question 2: If the bank placed a lien … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I have an affirmative defense question. CA. Not sure
Hi, I have an affirmative defense question JA: What state are you in? It matters because laws vary by location. Customer: CA JA: Has anything been filed or reported? Customer: no JA: Anything else you… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in Oregon and the statute of limitations on financial
I live in Oregon and the statute of limitations on financial contracts is 6 years,rather than 7 years. There are 2 Business credit card accounts which appeared on my personal credit this year. The acc… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Is there a statute of limitation on a possible social
is there a statute of limitation on a possible social security disability fraud case? thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x