Ask Experts Questions for FREE Help !
Ask
    briansthings's Avatar
    briansthings Posts: 4, Reputation: 2
    New Member
     
    #1

    Sep 11, 2007, 08:19 PM
    Ohio Statue of Limitations for Credit Card Accounts
    I am trying to find out what the different terms mean for the Ohio statue of limitations for credit card accounts.

    I checked to see what the different statue of limitations were for Ohio but I am confused by what the different terms mean.

    Does a credit card come under the "Written or Oral Account 6 years" part on the list of the statue of limitations for Ohio ?

    There is another limitation that says "Written Contract 15 years"

    I am confused by what they mean by the above, Account or Contract, what is the difference and which would refer to a credit card?

    Thank you for your help
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Sep 12, 2007, 07:18 AM
    Hello brian:

    It's simple. In terms of debt, there is NO statute of limitations. If you owe it, you owe it forever, and the creditor can attempt to collect it forever.

    The statute of limitations only limits the time they can sue you. How long is that exactly?? I don't know either. But what difference does it make??

    You're going to tell the collection agent scumbag that the statue of limitations has run its course, and he'll say it hasn't. K. He's STILL going to hassel you.

    So, if you want to know which particular statute of limitations comes into effect, when the collector sues you, ask the judge. IF the statute of limitations has run it's course, they lose. If it hasn't, you lose.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Sep 12, 2007, 08:20 AM
    Its 6 years according to this site:
    Statutes of limitation for delinquent debt (Page 2 of 2)

    But excon is right, the SOL pertains ONLY to their ability to sue, not to your obligation to pay.
    briansthings's Avatar
    briansthings Posts: 4, Reputation: 2
    New Member
     
    #4

    Sep 12, 2007, 09:36 AM
    Thanks Scott, ;)

    Yes that answered my question, So now I can use the statue of limitations in my reply to our court and the creditor

    I appreciate your help very much, I had been worried about this matter for a week now as I was not able to get a clear answer anywhere on what credit cards came under in the statue of limitations. You are the only one that has cleared this up for me.

    Have a great day!

    Brian
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    Sep 12, 2007, 09:52 AM
    Quote Originally Posted by briansthings
    So now I can use the statue of limitations in my reply to our court and the creditor You are the only one that has cleared this up for me.
    Hello brian:

    What am I? Chopped liver?? It's OK. I don't need accolades..

    Go read what I told you. Never mind, cause I'm going to tell you again.

    You think that just because you found this website, and you now have the correct information, that these collection agent scumbags are just going to go away cause you wrote them a letter?? Dude!

    You're going to reply to the court... Like to whom exactly are you going to reply and what do you expect them to do?? Brian... There ain't nobody there to listen to you. There's a lawsuit filed. The clerk isn't going to drop the lawsuit just because you found something in the law. The only one who's going to listen to you is the judge. And whose to say that he's going to listen? Believe me, he's going to have a lawyer on the other side telling him all the reasons he SHOULDN'T listen. Maybe the judge and the lawyer are golf buddies, too.

    No, dude. You're only a quarter of the way there. If you owe this money, I'll bet you lose in court, the statute of limitations notwithstanding. Plus, if you lose in court, you'll owe about twice as much as you do now. And with a judgment, they'll make your life miserable.

    So, it would be my recommendation to gather up some cash, and negotiate a settlement. Or do you feel lucky? Do you?

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Sep 12, 2007, 11:43 AM
    If they are filing suit, there is a good chance they feel that they can prove the SOL hasn't expired. Judges don't like people who file suits that aren't supported by the law. Why do you think the SOL is applicable?
    briansthings's Avatar
    briansthings Posts: 4, Reputation: 2
    New Member
     
    #7

    Sep 12, 2007, 01:37 PM
    Hi Scott, the debt is said to be from 1994,

    From what I read the statue of limitations for a credit card which is considered a open account is 6 years.

    I think I am being scammed by some big collection company trying to get money out of me figuring I won't do some checking around before I file my answer to the court. The company in question has had hundreds of complaints against them by other people that they tried to scam the same way with debts that were way older than the statue of limitations and the cases were then just dismissed by the courts.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Sep 12, 2007, 02:02 PM
    Its not when the debt was opened but when the last activity occurred. Do you believe this debt is not yours?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Statue on a credit card Is it open account or written agreement [ 2 Answers ]

I being sued over an old credit card debt. Credit cards are under open account under the statue of limitation. In my state the statue is 4 years. The collection agency is trying to sue under written agreement which is 5 years. Which they file the 9 an the statue would have been up ten days later....

Statue of limitation credit card debt in ontario [ 1 Answers ]

My daughter has an outstanding credit card debt from the late '90's. She received a letter from a lawyer threating her with court action. She is on a disability pension. Can she be sued/garnisheed or is this a scare tactic from a collection agency? Tks for your input

Statute of Limitations on Credit Card Debt [ 4 Answers ]

I would like to ask limitations on credit card debt for Ontario. My daughter has this credit card debt back from 2003 (last time she made a payment). She is trying to clear up this debt now, so she called the lender. She gave them all her current info work etc etc. She advised them she would like...


View more questions Search