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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Credit Card Debt Statute of Limitations in Ohio

    My question involves collection proceedings in the State of: Ohio

    HELP! I got a call from a debt collector today saying I owe $1400 + interest on a credit card from Sept 9, 1996.... He said he was giving me a 1x offer of $750 to settle debt otherwise they would sue me in court because he knew I had assests to pay for this!

    I really have no idea what he was talking about. I don't have a credit card that I never paid or any other debt. I asked him who the credit card company was & he said he did not know because they purchase bad debt for pennies on the dollar from many credit card companies such as Providien, Chase, Capital One, etc.

    I asked him to provide me with proof that this was mine and he said the burden of proof is on me to deny... WTH! He said he could only send me a letter from his debt agency of what is due ($6k with interest) but that's it! I asked how can they just say you owe without sending proof, etc. no answer.

    He then offered me a 1x settlement of $750 and if I paid now, they would not sue me and sieze my assests. He said they could sue me because the statue is 15yrs in Ohio. I told him why would I pay something that I don't believe is mine, let alone not showing me proof that it is.... I asked if he would pay, no answer...

    I said I dispute this is mine - he said I can't cause it's past the 30-days for dispute.. huh? he said they sent me a letter at an old address of mine.. but would not say what it was. He said they hired a skip tracer and found me to give me a 1x offer... huh?!

    The only thing this guy gave me was the Visa card number that he said he had... so I have that, but don't know how I'd go about finding out the name of the bank.

    So what do I do? Should I send them a letter? Dont they have to validate a debt? What is the statue of limitations for Ohio on credit card debt? How do I find out who this credit card company is that is saying I owe them?

    Thanks in advance for your help.

  2. #2
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    120

    Default Re: Credit Card Debt Statute of Limitations in Ohio

    They are trying to intimidate you into paying. SOL for Ohio is 6yrs for credit cards. Written contracts are 15yrs. It varies widely as to if the original creditor viewed the debt as a written contract. The SOL date starts the date of first default that led to the charge off.

    Don't talk to them on the phone. Let them send you something in the mail, then respond with a debt validation request (in writing).

    Have you checked your credit reports to see if they are reporting?

    I'm also not an attorney. hth

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Credit Card Debt Statute of Limitations in Ohio

    Fast forward to 7pm on Monday night--CA called back said credit card company was First North American National Bank and that CA sent me a letter back in 2002 about the debt to an address I had 16yrs ago. I told CA I still had no idea who this was and that this was not mine. I asked them for their address, name (Prompt Recovery Service), phone and fax. I told them to send me something in the mail, he said the only thing they could send me was a statement for the full amount due $6k+ with interest, no other details.

    I googled First North American National Bank - could not find a working number. Appears they were bought up, sold, etc...

  4. #4
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    120

    Default Re: Credit Card Debt Statute of Limitations in Ohio

    Love their wonderful tactics. Don't speak with them anymore.

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Credit Card Debt Statute of Limitations in Ohio

    Nothing on credit report.
    Isn't the burden of proof on them to prove this debt is mine?

    Do you think I should send them a Certified letter return receipt today stating this:
    1. I dispute this debt is mine.
    2. Validate It.
    3. All telephone calls are inconvenient.
    4. I will enforce my rights under Ohio law.

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