Quoting TLNOH
|
|
I got a call this morning from a company claiming to be trying to collect a credit card debt from 1984! I called the attorney general's office and was told there is NO statute of limitations. That collectors "can call you for life." Is this correct?
Also, I have never had an account with the company they claim to be representing, although I may have had one back then with another company that was sold to this one. How can I prove I don't owe a debt from 24 years ago??
THANKS!
|
I read the link girlie linked from KIA, it cites a "possible" 4 yr SOL on a contract in writing for a store department card as opposed to a bank credit card? In the same chapter is the 4 yr limitations, which does NOT reference a difference between bank credit card and department store cards, so I will assume, if taken as true, this is common law rulings. MOST state laws online are NOT annotated, meaning they do not cite case law/common law after each section. That would take some research "in person" where the ORC is, at a library.
Regardless, I checked online for you, here is the ORC chapter/section dealing with limitations of actions:
2305.06 Contract in writing.
Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen years after the cause thereof accrued. The 2 mentioned exceptions do NOT apply to you.
Effective Date: 07-01-1993
If the contract was excecuted in Ohio from an in state firm and not an out of state one where a "possible" conflict of laws can be argued. It does indeed appear the collection effort is time barred. I though, have never seen an SOL past the 20 yr mark?
Was the contract signed in another state and did you move to Ohio then?? Leaving the home state "may", that's "may" toll the SOL?
The only other possible exception is if a debtor purposely evades detection, i.e., constantly changing residences, not answering letters etc., it "may" also toll any applicabe SOL. I am NOT saying you did this, just as an example.
Assuming all is well, the collection is time barred, yes.
As girlie points out, submit ALL relevant information to them by certified/return receipt letter, including the ORC reference.
Tell them you belive you are NOT legally obligated to pay this alledged debt and ANY further contact should be in response to your letter by US mail and NOT be telephone.
The Fair debt collection practices act "may" apply, depending on if the collector is defined as such in the law.
IF a request to cease the phone calls is denied, then it "may" constitute a federal crime as girlie points out, IF such federal element is found, such as the call originates from out of state, OR there is a violation of the FDCPA.
Regardless, here is Ohio's telecommunications harassment laws, see. section 2917.21.
http://codes.ohio.gov/orc/2917
Some time ago I had a collection agency keep calling me trying to locate a person with a "similar name". I obtained thier name/mailing adress/telephone # etc. In the meantime I made it extremely legally clear I was NOT this person, how many of thier agents do I have to tell that, and if they did not "cease and desist" there was going to be some serious legal repercussions.
Do NOT agree to repay ANY amount or agree to even offer such, this "may" start up the SOL as if it never expired.
As far as the OAG'S office is concerned, never take as legal gospel what an online/telephone employee states. They may be well intentioned, yes, but sometimes wrong. Many people though do regard such advice as legal truth due to the fact the Attorney General of any state is the Chief law enforcement officer.
SOL In Ohio?
Linear Mode
