What is the limit in years for the state of Tennessee concerning charged off credit cards?

Question

I have several charged off credit cards that are 6-8 years old without any payments being made on them. Can they make me pay on these?

Answer 1

The SOL for credit cards in Tennessee is 3 years - open accounts.


Tennessee SOL statute for open 3 years:

28-3-105. Property tort actions - Statutory liabilities.

The following actions shall be commenced within three (3) years from the accruing of the cause of action:
(1) Actions for injuries to personalor real property;
(2) Actions for the detention or conversion of personal property; and
(3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability.


And the the reason credit cards are open and not written:

Tennessee’s Statute of Frauds is codified at T.C.A. § 29-2-101, and provides that
(a) No action shall be brought:
(5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making thereof;
unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized.
T.C.A. § 29-2-101 (Supp. 1996).
IV. ELEMENTS OF THE CAUSE OF ACTION
A. Legal Contract
The first element of the cause of action is a valid, binding contract.
Legal prerequisites for a binding contract.
1. Basic Elements
In Tennessee, a "contract is an agreement, upon sufficient consideration, to do or not do a particular thing.
36 A contract contemplates a legally effective offer and acceptance,
37 and its terms must be sufficiently definitive to provide a basis for determining the existence of a breach and for providing an appropriate remedy.
38 A contract may be express or implied,
39 or written or oral,
40 but must result from a so-called meeting of the minds, which is construed primarily in an objective sense.
41 Other elements of an enforceable agreement include competent parties,
42 and lawful subject matter.
43 Valid contracts are free from fraud or undue influence, and must be consistent with public policy.
44 Lastly, the contract must satisfy any statutory formalities, such as the statute of frauds, codified in Tennessee at section 29-2-101 of the Tennessee Code, which requires certain contracts to be in writing to be enforceable.
45 By definition, this "legal contract" element is lacking with expired or terminated contracts.


ALSO
Be careful because Tennessee allows the collecting SOL to be re-set if a promise to pay is made "in writing", a contract to pay is "in writing" or a payment is made by a "signed" check
101. Writing required for action, (b) (1), (2) (A) (B) (C) (c)
28-1-102. Commencement at time of right to make demand.

http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=

Answer 2

Tennessee has a 6 year statute of limitations. I would suggest you just sit tight for a few months. These debts must come off your credit report on the 7th year also.

Don't try validating these yet. No sense reminding these guys that they are almost out of time.

Answer 3

S.O.L. in the State of Tennessee is 6-years.

So, as long as you are sure you are past that point, tell them to pound sand.

There is nothing they can legally do to you.