what is an instrument in writing??

[johnblair]

Ok let me ask the SOL question a different way.
The Nevada Revised Statutes says this:

NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

Now my question is what is an instrument in writing??

I believe I have a few that I can dispute for SOL, But I need to be sure I understand this one thing to be able to proceed any further.

for example I have a CA that has an account type of OPEN and it is for a account I had with CHARTER CABLE, now the DOFD is 9/2004, so that makes it 5 years old.

So if it is an instrument in writing, then I have to wait 1 more year till I can use the SOL approach. if it is not a instrument in writing then I can.

Thanks in advance

[jjgross]

Originally Posted by johnblair

Ok let me ask the SOL question a different way.
The Nevada Revised Statutes says this:

NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

Now my question is what is an instrument in writing??

I believe I have a few that I can dispute for SOL, But I need to be sure I understand this one thing to be able to proceed any further.

for example I have a CA that has an account type of OPEN and it is for a account I had with CHARTER CABLE, now the DOFD is 9/2004, so that makes it 5 years old.

So if it is an instrument in writing, then I have to wait 1 more year till I can use the SOL approach. if it is not a instrument in writing then I can.

Thanks in advance

Since your quoting law you should ask an attorney,I believe a credit card is 4 years in Nev.I could be wrong but i think it is referring to a contract.