Re: Just got out of Court with CAMCO 30 minutes ago (OHIO)
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Posted by Bear (12.15.123.78) on October 24, 2002 at 16:02:24:
In Reply to: Re: Just got out of Court with CAMCO 30 minutes ago (OHIO) posted by orangedog on October 24, 2002 at 13:19:57:
That's delightful news! Double check the limitation period in OH. It should be available on a web site for the OH Supreme Court or legislature. I have not researched the point, but have my doubts that the "open account" definition in TILA decides the issue. TILA is a federal law dealing with disclosure of interest rates. It has different disclosure requirements for the two kinds of accounts, which is why there is a defined difference between them. SOL's are almost always a matter of state law. The account's status under TILA does not necessarily decide whether it's an open account for SOL purposes. If you've satisfied yourself the Bill Collector, Esq. chased you on a stale debt, tell Collector you will settle for a dismissal of the suit against you with prejudice (which means they can't try again) AND payment to you of $1,000 for damages under the Fair Debt Collection Practices Act (FDCPA). If he won't agree, find a lawyer to take Collector to court on FDCPA. FDCPA allows for lawyer's fees. Remember, the key is whether the OH SOL is 4 years, 15 years, or something else. Make sure you have studied that issue carefully. If you have to pay a local lawyer a small consultation fee to answer that question, it will be worth it. If you feel you can wade through the statutes and come up with the right answer, go for it on your own. Go get 'em. Hope the folks in Summit County come to your next court date. That alone will make Collector nervous -- assuming he even has the nerve to go that far.
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