[dani]

My question involves collection proceedings in the State of: Ohio
I received a letter from a collection agency seeking payment on a card debt debt,that was charged off on 10-31-02.They have since sent this to a law firm that I ask to validiate the debt and they sent back a letter only stating the orginal creditor,amount due and interest accurred on this account and the account number.They say the charge off date was 10-31-02,but the last payment made on this was 8-31-04.I have no record anywhere thar any payment was made on this account after the charge off date.The law sent a letter stating that if no settlement was received by 11-02-08,they would file a law suit against me.I believe this debt has passed the SOL,but don't know what steps to take from here.Do they have a valid case?My only contact on this debt has been through the mail.

[OhMy]

My question involves collection proceedings in the State of: Ohio
I received a letter from a collection agency seeking payment on a card debt debt,that was charged off on 10-31-02.They have since sent this to a law firm that I ask to validiate the debt and they sent back a letter only stating the orginal creditor,amount due and interest accurred on this account and the account number.They say the charge off date was 10-31-02,but the last payment made on this was 8-31-04.I have no record anywhere thar any payment was made on this account after the charge off date.The law sent a letter stating that if no settlement was received by 11-02-08,they would file a law suit against me.I believe this debt has passed the SOL,but don't know what steps to take from here.Do they have a valid case?My only contact on this debt has been through the mail.

The first thing I would do is the following;

Pull all three of your credit reports and see when the last payment date was. If it was in 2002 or 2004. That will prove as to when the SOL will run out.

Here are links to the three credit bureus. Be sure to pull all three and not just one.

http://www.transunion.com/

http://www.experian.com/

http://www.equifax.com/home/

[jk]

I don't think the time difference really makes any difference. The SoL for written contracts in Ohio is 15 years.

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.
Effective Date: 07-01-1993

they sent back a letter only stating the orginal creditor,amount due and interest accurred on this account and the account number

that fulfills the legal requirement of the FDCPA

Bottom line; Yes, they can file a suit. If you believe the SoL is a valid defense, you will simply present this in your answer to the summons you will recieve if they sue you, along with any other defenses you believe to be germane.

Then, if they wish to continue with the case, you will get the opportunity to prove your defense in court.

[OhMy]

I agree with JK. However, you should still obtain your credit reports as you do not remember the dates, amount of original debt and the amount of payments.

This will help you mount a defense and at least give you something leverage to settle this down the line.

[dani]

I thought the SOL on credit card debit in Ohio was 6 years,not 15years.

[dani]

Ok,i just checked all three of my credit reports and this credit card debt shows on none of them???Please let me know what my next steps should be.I really don't want to contact this law firm by phone,but I don't a judgement against me either.Please help!

[ashman165]

Ok,i just checked all three of my credit reports and this credit card debt shows on none of them???Please let me know what my next steps should be.I really don't want to contact this law firm by phone,but I don't a judgement against me either.Please help!

Read me! I have lots of information for you, including procedures!.

[jk]

I thought the SOL on credit card debit in Ohio was 6 years,not 15years.

In my search for the proper SoL, I too found many sources stating 6 years, or even 4 in one case. When they did reference a state law, that law wsa not applicalble. They referred to the non-written contract SoL.

2305.07 Contract not in writing - statutory liability.

Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.
Effective Date: 07-01-1993

I do not see how this would be applicable to a credit card account.
I have found no other SoL that would apply.

[Betty3]

The problem is that more & more states & courts that used to consider credit cards as open accounts are now considering them as written contracts (except store cards) with the longer SOL.

The info I have re Ohio (written by a debt collector) - The Oh. courts will agree with collectors that the SOL in Oh. is 15 years as they argue a credit card is a written contract. (though it's hard to say what any individual court will decide - I have no statute re the 15 yrs.)

[Jackie2]

http://www.creditinfocenter.com/rebu...itations.shtml

Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act:

the sol is six years from date of last payment.