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  1. #1
    Join Date
    Apr 2009
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    4

    Default Ohio Statute of Limitations for Credit Card Debt

    My question involves collection proceedings in the State of: Ohio

    I received a summons for a credit card debt that to my knowledge has not been active since about 1992/1993. In the summons it says I entered into a written agreement with the cc company prior to April 1995. The amount I suppposedly owe is 3,000.

    For the life of me I cannot figure out the SOL in the state of Ohio for credit card debt. Some sites say 6 years (open end account) while others say 15 years (written agreement). Can anyone enlighten me as to which is correct?

    I know I must answer the summons ASAP but I'd like to know the SOL before submitting my answer.

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Ohio Statute of Limitations for Credit Card Debt

    I live in Ohio myself and I don't know.

    Here is a piece on it.


    http://answers.yahoo.com/question/in...6145817AACyaLF


    The 1st law cited is from the US Code.

    Pay a visit to a library where they have the Ohio Revised Code, it does not have to be a law library, but preferable.

    Look up this section:

    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.

    After it will be case law annotations. See if any have any cases on it, meaning open ended or not and 6 years. You can also look up the other ORC sections quoted and see if any annotations help.

    A law library is preferable, as you can also read the cases themselves there, not just an annotation/syllabus. A nearby College/University has one in thier law school.

    If you left the state at any time after the agreement it probably "tolled" the SOL, even if 6 years at the time, and is reactivated once moved back into state.

  3. #3
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    Apr 2009
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    Default Re: Ohio Statute of Limitations for Credit Card Debt

    Thank you very much BOR for your informative reply.

    The 6 or 15 year SOL may not make much difference in my case as I cannot remember having anything to do with this credit card much past 1993. I am leaning towards the 6 year SOL, so if I don't find any other info at the law library, I most likely will proceed with that number in mind.

    Now for my next question....How exactly do I proceed from here? In my answer can I assume I address each of the 9 paragraphs contained in the summons? I understand I may need to file a graduated denial as well as a demand for verification (if allowable by muni court?). When and how do I bring the SOL into play? Is there a step-by-step plan I can follow here?

  4. #4
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    Aug 2007
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    3,835

    Default Re: Ohio Statute of Limitations for Credit Card Debt

    Quote Quoting otis629
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    Thank you very much BOR for your informative reply.
    You are welcome!


    Now for my next question....How exactly do I proceed from here? In my answer can I assume I address each of the 9 paragraphs contained in the summons? I understand I may need to file a graduated denial as well as a demand for verification (if allowable by muni court?). When and how do I bring the SOL into play? Is there a step-by-step plan I can follow here?
    See Rule 8 here, it states denials must be plead (B), where applicable, and any "affirmative defenses", which the SOL is one, if it has expired plead such, see (C).


    http://www.sconet.state.oh.us/LegalR...lProcedure.pdf

  5. #5
    Join Date
    Apr 2009
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    4

    Default Re: Ohio Statute of Limitations for Credit Card Debt

    Thanks again BOR, I'll study the rules and hope for the best!

    After reading the attached copy of the alleged credit card agreement that I allegedly signed prior to 1995, I see that the copyright ©2002 is printed on that agreement. No way could I have signed a document prior to 1995 that was not in print until 2002. The CA admits in the summons the fact that they have no documents in this matter so I guess it would be pointless for me to request such documents?

    I also found an interesting take on the SOL for Ohio...
    http://ohioconsumerist.blogspot.com/...dit-cards.html

    4...6...15... I called the Ohio Attorney General's office and the girl I talked to said there is no clear cut definition on the SOL for cc debt. It depends on what is written in the cc agreement. Talk to a lawyer was her suggestion.

    I'm confident if the SOL is in fact 15 years, I'm still ok. I just want to be armed with correct information when I file my answer.

  6. #6
    Join Date
    Apr 2009
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    4

    Default Re: Ohio Statute of Limitations for Credit Card Debt

    UPDATE... I filed a MTD prior to my answer and within a few days the Plaintiff filed their voluntary dismissal. Here's what I received in the mail yesterday from the court:

    Now comes the Plaintiff, by and through counsel, and does hereby dismiss Defendant, otis629, in the within action without prejudice pursuant to Civil Rule 41( A )( 1 ) at its costs, notice by the Clerk being herby waived.

    It is so ordered

    signed by Judge


    Thank you again Bor for your help.

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