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  1. #1
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    Default Statute of Limitations for a Store Account in Idaho

    My question involves collection proceedings in the State of: Idaho
    I opened a Zales account in 2007 in Washington state, last payment was at the end of 2009, not sure the exact date, moved to Idaho in 2010. It's now the middle of 2014, and A summons has been issue for Midland Funding LLC to sue me, I just haven't received it yet.
    So a few questions here. First, every site a Google says statute of limitations in Idaho on credit cards is 4 years, but I can't find that on the Idaho legislature, just the written contract at 5 years, oral at 4, and breach of contract at 4. So what is the limitation on a revolving, open account?
    The second is how do I find cases to reference in my defense as precedent? Tried Googling this for hours with no luck.
    Third and last for now. Did that statute of limitations reset when I moved from Washington, to Idaho?

  2. #2
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    Default Re: Idaho Statute of Limitations Seems Unclear

    Quote Quoting Matthew Bellows
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    last payment was at the end of 2009, not sure the exact date,
    The SOL doesn't run from the last payment, it runs from the default which is generally when the next payment becomes past due.

    Quote Quoting Matthew Bellows
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    First, every site a Google says statute of limitations in Idaho on credit cards is 4 years, but I can't find that on the Idaho legislature,
    That's because there isn't one.

    The credit card agreement is a written contract and subject to the 5 year SOL per. When you took out the credit card you received a document called something like Card Agreement. That's your written contract.

    http://legislature.idaho.gov/idstat/...2SECT5-216.htm

    Quote Quoting Matthew Bellows
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    So what is the limitation on a revolving, open account?
    That "revolving, open account" is all over the internet but nowhere does anybody cite a statute or case decision that applies a different SOL than the SOL for written or oral contracts.

    However, Idaho does have a statute that refers to open accounts?

    5-222. Actions on open accounts -- Accrual of cause. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side.

    Which only addresses when the cause of action accrues but does not say anything about how long the SOL is because the SOL is addressed in 5-216 Written Accounts and 5-217 Oral Accounts.

    http://legislature.idaho.gov/idstat/Title5/T5CH2.htm

    And since it's not an oral contract (you received written documents and accepted them by using the account) the only choice that remains is a written contract.

    Quote Quoting Matthew Bellows
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    The second is how do I find cases to reference in my defense as precedent? Tried Googling this for hours with no luck.
    Try Google Scholar. I did, and found nothing addressing any SOL particular to credit card contracts.

    Quote Quoting Matthew Bellows
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    Third and last for now. Did that statute of limitations reset when I moved from Washington, to Idaho?
    Yes.

    The Washington SOL was tolled (stopped running) when you left Washington. But that doesn't make any difference. Since you are being sued in Idaho, the Idaho SOL controls.

    Since you defaulted at the end of 2009 you do not have an SOL defense.

    You can, of course, raise it as a defense by insisting that your credit card contract was an oral one and therefore under the shorter SOL. Then see what the judge tells you.

  3. #3
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    Default Re: Idaho Statute of Limitations Seems Unclear

    If they can't provide the written contract then I can argue an oral contract, correct? I'm doing this pro se, and am out of my element.

  4. #4
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    Default Re: Idaho Statute of Limitations Seems Unclear

    Quote Quoting Matthew Bellows
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    First, every site a Google says statute of limitations in Idaho on credit cards is 4 years, but I can't find that on the Idaho legislature, just the written contract at 5 years, oral at 4, and breach of contract at 4.
    I can't attest for "every site [on] Google", but I'm not seeing the sites you're looking at.
    Quote Quoting Matthew Bellows
    So what is the limitation on a revolving, open account?
    An open account, in simple terms, is an account that amounts to a basic line of credit, where you can keep charging new items to the account. You run an account balance that is paid per the terms of the account, rather than paying separately for each individual purchase. In some states a distinction may be drawn between an open account and a revolving account, such that the balance of an open account is due in full at the end of a billing period while the balance of a revolving account might not be fully paid. In a minority of states, there are separate limitations periods for open accounts with a specific vendor, and for general charge accounts that are not associated with a specific vendor, such that a store card can have a different limitations period than a regular credit card. Absent such a statute, the distinction is irrelevant.
    Quote Quoting Matthew Bellows
    The second is how do I find cases to reference in my defense as precedent? Tried Googling this for hours with no luck.
    You can try sites like Google Scholar. There are more complete, searchable databases, but they charge fees.
    Quote Quoting Matthew Bellows
    Third and last for now. Did that statute of limitations reset when I moved from Washington, to Idaho?
    To the extent that leaving the state tolls the statute of limitations, that only matters in relation to the state where you formerly lived. Statutes of limitation are generally regarded as procedural laws, so that the laws of the forum state (where the suit is filed) apply unless there's a "borrowing statute" that brings in the limitations period from the state where the cause of action originated. Here's Idaho's statute:
    Quote Quoting Idaho Statutes, Sec. 5-239. Actions barred in another state.
    When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.
    In other words, if you can prove that the Washington State statute of limitations has run, you can raise that as a defense in Idaho.
    Quote Quoting adjusterjack
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    The SOL doesn't run from the last payment, it runs from the default which is generally when the next payment becomes past due.
    That's the general rule, but it can be modified by statute. As you note, Idaho has a statute defining when a cause of action accrues on an open account. There's not much law on the web relating to that section, but given the dates provided it doesn't appear to make any difference to the present case.
    Quote Quoting adjusterjack
    When you took out the credit card you received a document called something like Card Agreement. That's your written contract.
    The written contract would be the application form that the person signed while at the store, when they opened the account to buy jewelry. It is possible to enter into a credit card agreement by oral contract, such as when you apply over the phone. My sending you a written document that describes the terms of a prior oral argument does not transform the oral contract into a written contract, unless you sign and return it.
    Quote Quoting Matthew Bellows
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    If they can't provide the written contract then I can argue an oral contract, correct?
    If you're raising the statute of limitations, you will want to make sure that you do so in a timely and proper manner, consistent with your state's rules of court. Failure to do so can cause the defense to be waived. You have the burden of proving an affirmative defense, and even if we assume that for some reason they could not produce a written contract they could provide evidence that the store always a writing when they open a store account. What testimony you might be able to honestly provide, at that juncture, is something I do not know -- you were there when you opened the account, but I was not.

  5. #5
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    Default Re: Idaho Statute of Limitations Seems Unclear

    Quote Quoting Mr. Knowitall
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    My sending you a written document that describes the terms of a prior oral argument does not transform the oral contract into a written contract, unless you sign and return it.
    It could, if your contract specifies that continued use of the credit card is acceptance of the contract as written. Many credit card contracts do specify that.

    - - - Updated - - -

    Quote Quoting Matthew Bellows
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    If they can't provide the written contract then I can argue an oral contract, correct?
    This is your first rodeo, it isn't theirs.

    They'll have the contract when they get to court.

    Quote Quoting Matthew Bellows
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    I'm doing this pro se, and am out of my element.
    You got that right.

    And that's how you'll lose the lawsuit.

  6. #6
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    Default Re: Idaho Statute of Limitations Seems Unclear

    Quote Quoting adjusterjack
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    It could, if your contract specifies that continued use of the credit card is acceptance of the contract as written. Many credit card contracts do specify that.
    While the oral contract may well be amended by subsequent written terms. you cannot magically place an oral agreement on paper signed by the party charged with violating the agreement in that manner. The underlying agreement is still an oral agreement.

    However, as previously indicated, it's exceptionally unlikely that a contract for a jewelry store account is going to be oral.

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