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  1. #1
    Join Date
    May 2006
    Posts
    2

    Angry Proving Statute of Limitations On a Credit Card Balance

    I WAS SERVED WITH A SUMMONS THROUGH COUNTY COURT VIA CERTIFIED MAIL FROM ASSET ACCEPTANCE LLC, ON BEHALF OF DISCOVER CARD. I HAVE NOT USED THIS CARD IN OVER 11 YEARS, NOR HAVE I MADE PAYMENT ON IT FOR 10. IT IS MY UNDERSTANDING THE STATUTE OF LIMITATIONS IN OHIO FOR CREDIT CARD DEBT IS EITHER 4 OR 6 YEARS. I NEED TO PROVIDE AN ANSWER TO THE ATTY REPRESENTING ASSET ACCEPTANCE LLC, AS WELL AS THE COURT SYSTEM WHERE THE LAW SUIT WAS FILED, HOWEVER; I AM UNSURE WHAT INFORMATION I NEED TO PUT IN MY LETTER TO SUBSTANTIATE THE SOL. I DO NOT HAVE COPIES OF CREDIT CARD CHARGES THAT ARE ABOUT 11 YEARS OLD, I ONLY KEEP 7 OR 8 YRS WORTH OF RECORDS. I AM TRYING TO GET THE LAWSUIT DISMISSED SO A JUDGEMENT ISN'T RENDERED AGAINST ME, AS WELL AS A LIEN AGAINST MY HOME. I AM A SINGLE MOM WHO HAS BEEN UNEMPLOYED FOR OVER A YEAR AND A HALF, MAKING $800.00 A MONTH HOUSE PAYMENTS USING PENSION AND 401k MONIES I TOOK OUT EARLY JUST TO AVOID FORECLOSURE.

    I UNDERSTAND THEY CANNOT GARNISH MY CHILD SUPPORT, BUT CAN IMPOUND ASSETS SUCH AS AUTOMOBILES, AND PUT LIENS ON PROPERTY AS WELL AS TAKE MY INCOME TAX REFUND CHECK AND SWEEP BANK ACCOUNTS. I HAVE TAKEN MY BALANCE DOWN TO $20.00 IN MY CHECKING ACCOUNT, AND HAVE ALREADY RECIEVED STATE AND FEDERAL REFUNDS; SO THEY WILL BE PROTECTED THIS YEAR. I WANT TO AVOID A JUDGEMENT AGAINST ME AT ALL COSTS. CAN ANYONE GIVE ME ADVICE AS TO HOW I MIGHT GET THIS CASE DISMISSED USING THE SOL TO MY BENEFIT? I NEED TO WRITE AN ANSWER TO THIS COMPLAINT IMMEDIATELY, AS THE LETTER WAS DELIVERED WHEN I WAS OUT OF TOWN ON A JOB INTERVIEW AND SOMEONE ELSE SIGNED FOR IT. THANK YOU IN ADVANCE FOR ANY HELP YOU CAN OFFER!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Proving Sol In Ohio On Discover Card Balance

    If you have been sued, you need to file an answer to the complaint with the court where the suit was filed, raising the statute of limitations as an affirmative defense. You can ask at the courthouse to look at a similar file, so you can see how to format your answer and affirmative defenses.

    If you want help, please don't use all-caps, as it makes it very hard to read what you have said.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Proving Sol In Ohio On Discover Card Balance

    Thank you for your quick response! I was un-aware the court house would provide me with a way to format my defense! Our county records are all online, I'm wondering if I might find such a document there. I only have a few days to prepare this response, I didn't know if there was a web site I might obtain a copy of a sample letter from or not. I am also unable to verify the exact Statute of Limitations for Credit Card Debt for the State of Ohio.

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