Legal Question in Credit and Debt Law in Missouri

difference between ''written'' and ''unwritten'' contracts

While investigating the issue of Statute of Limitations on credit card debt, the points of 5 years for ''unwritten'' contract, and 10 years for ''written'' contract comes up. My personal concern is with a common unsecured VISA credit card with one of the major card-issuing US banks. It has been close to 10 years since accepting the card, so I don't have anything to refer to, but the only thing I would have signed would be their common pre-printed application. What distinguishes between 'written' and 'unwritten', and how might I determine which applies in this instance? There has not been any activity on this account for 5 years, and has been passed along thru several collection agencies to this point. It is showing up as a collection twice on my credit report.


Asked on 11/01/05, 1:09 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: difference between ''written'' and ''unwritten'' contracts

If the contract takes the form of a note, as most do, then the company will assert the ten year statute of limitations.

The statute begins to run not from the time that you opened the account, but from the date of the last payment (or actually, the date of the first missed payment). The statute begins to run anew every time any partial payment is made. So,for example, if you didn't make any payments for two years, and then you made a $100 payment, that starts the clock running on the 10 years again.

From your description it would appear you do not have a statute of limitations defense.

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Answered on 11/01/05, 2:15 pm


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