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  1. #1
    Join Date
    Mar 2008
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    3

    Default SOL In Ohio?

    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!

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: SOL In Ohio?

    I think the person you spoke with is clearly out of their mind. I have never heard of any company being able to come after you after 24 years.
    I'll keep looking though...this might help:
    http://www.expertlaw.com/forums/showthread.php?t=22242

    Also, bankrate is stating it's 6. Make sure the debt is a credit card.
    http://www.bankrate.com/brm/news/cc/20040116b1.asp

  3. #3
    Join Date
    Mar 2008
    Posts
    3

    Default Re: SOL In Ohio?

    Quote Quoting gigirle
    View Post
    I think the person you spoke with is clearly out of their mind. I have never heard of any company being able to come after you after 24 years.
    I'll keep looking though...this might help:
    http://www.expertlaw.com/forums/showthread.php?t=22242

    Also, bankrate is stating it's 6. Make sure the debt is a credit card.
    http://www.bankrate.com/brm/news/cc/20040116b1.asp
    Thanks for the info! I was sure the AG's person was wrong. I looked back at my old records and this IS a dept. store credit card I had from 1984-87 (co. has since been sold to another). I think I returned merchandise that didn't get credited properly. Disputed it with the company, but they put it on my credit report as "profit/loss write off." I contacted them a couple years later to ask them to remove it and still have the letter from them stating they would not remove. This wrecked my credit for several years, but came off the report in '94 and I haven't thought about it since. Now, in 2008, some 3rd party is trying to collect nearly $700 for a $110 debt I disputed over 20 years ago. What's my next move?
    Thanks for any more help anyone can give!!!

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: SOL In Ohio?

    Inform the collector that the SOL is way up on this one and put it in writing to them. Then inform them that if they continue to contact you, you will follow harrassment charges against them. It should have been removed from your credit after 7 years from the date of last use. I would suggest a current copy of your credit report to be sure that it doesn't show up again and then dispute this with the credit reporting agencies.
    Out of curiosity...Halle's or May Co possibly?

    And no, they can not call you for life...telephone harrassment is a federal offense. Could you please PM me and let me know the name of the company trying to collect?

  5. #5
    Join Date
    Aug 2007
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    3,835

    Default Re: SOL In Ohio?

    Quote Quoting TLNOH
    View Post
    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.

  6. #6

    Default Re: SOL In Ohio?

    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?
    This is CORRECT as far as them trying to collect.

    They can try to collect on the debt for the rest of your life. They will lose a court case should they file one if you bring up the SOL defense.

    However, that DOES NOT mean they can no longer try to collect a legit debt.

    They can't report it on your credit report as long as YOU don't do anything to re-age it.

    They CAN do anything else to try to collect as long as they follow the FDCPA. (Assuming they are a collection agency and NOT the original creditor. The original creditor is NOT bound by the FDCPA.)This includes calling you. (There are steps you can take to stop this, but they must be taken BEFORE filing a harassment suit) You can file all the harassment claims you want but if they can prove you OWE the debt in court you will lose the harassment claim provided they followed FDCPA.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: SOL In Ohio?

    Quote Quoting JLoh1970
    View Post
    This is CORRECT as far as them trying to collect.

    They can try to collect on the debt for the rest of your life. They will lose a court case should they file one if you bring up the SOL defense.
    I have to disagree with that. Once they are told to cease by any other means except a lawsuit, they are breaking the law, either by strict statute or Tort.

  8. #8

    Default Re: SOL In Ohio?

    Quote Quoting BOR
    Once they are told to cease by any other means except a lawsuit....
    Well first, they haven't been told that yet. So the answer the attorney generals office gave still stands as correct. The OP says "That collectors "can call you for life." which implies she asked the AG about the creditor calling her. To which the AG gave a correct answer.

    Had she asked the AG if the OC/CA can file a valid lawsuit against her and they stated there is no SOL then the AG would be incorrect.

    Second, if it's the OC they are not bound by the FDCPA and cease contact order, under the FDCPA isn't valid.

    Third, if they get the order what's to stop them from selling it to some other DC? When they do, the OP will have to start the process over again when the new DC starts calling her.

  9. #9

    Default Re: SOL In Ohio?

    My point is, there is no SOL on a debt collector attempting to collect a debt.

    SOL applies to the time in which a law suit can be brought. Not the validity of the debt.

    Invoking FDCPA to get them to stop calling you is different from saying they can't call you because the SOL has run. Which is what the person at the AG office told her.

  10. #10
    Join Date
    Mar 2008
    Posts
    3

    Default Re: SOL In Ohio?

    Hmmm. Can get complicated, I see. I opened this acct. in college in another state, moved to OH for grad school and that's when the acct. got messed up. That's still 20 years, tho. And, I've been at the same address for 14 years, and this is the first I've been contacted by any CA. I'll go ahead and send the letter to them about SOL, citing the ORC and see what happens from there.
    THANKS so much to all who helped!!

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