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Debt from Bounced Checks After Garnishment of Accounts

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  • 12-03-2012, 04:50 AM
    CowgirlAtHeartOH
    Debt from Bounced Checks After Garnishment of Accounts
    My question involves collection proceedings in the State of: Ohio

    Hello,
    In 2007 I banked with Sky, who is now Huntington. I had my paycheck direct deposited, along with bills set up for auto withdrawal. A creditor garnished both of my Sky bank accounts. They took my total savings and 100% of my direct deposited paycheck. I did not get ANY paperwork on this until after the money was taken. That set me back financially for a long time & I never paid Sky for the checks they paid. One account $687 & the other $1,298. Question is.. This was in 2007 and numerous creditors and some credit debt law firms (regarding Huntington acct.) have sent me letters offering settlements. Is there a statue of limitations for this in Ohio and can they take me to court and sue or charge me with a crime?
  • 12-03-2012, 05:01 AM
    Dogmatique
    Re: Creditor from Huntington Bank Acct. in Ohio
    Well, you generally don't get notice of a bank levy until afterwards - that's sort of the point.

    SOL for Ohio:

    Written or oral account: 6 years, (O.R.C. §2305.07).

    Written contract: 15 years, (O.R.C. §2305.06).

    Oral contract: 6 years (O.R.C. §2305.07).

    Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).

    Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).

    Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).

    Bear in mind that the SOL does not mean that you cannot be sued; it is what's called an "affirmative defense". If you are sued and ignore it, for example, they can absolutely obtain a judgment against you.
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