Re: capital acqusitions
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by LadynRed
(199.91.33.254) on January 07, 2003 at 17:07:43:
In Reply to: capital acqusitions posted by financial challenged on January 07, 2003 at 16:36:51:
Oh no.. CAMCO again !! AAAAAgHHHHHH ! You need several things. 1 - A copy of the Truth in Lending Act, definitions section, that defines credit cards as Open-ended accounts and NOT written contracts. Have several copies to give to the judge and SCAMCO's rep in court, as well as one for yourself to reference. Memorize what that section says. 2- Copies of the Ohio statute that states that credit cards are NOT written contracts and then defines the SOL as FOUR YEARS. Highlight the relevent sections. Do NOT admit the debt is yours, you need to ONLY make your case on the fact that they should NOT be suing you because the SOL has run out. The documents above will clearly show that. The rep from SCAMCO is going to insist that the SOL in Ohio is 15 years. You must prove to the judge that that is not true and then the judge will probably ask SCAMCO to produce proof that you are wrong. Its important that you only focus on the SOL as your defense. "I don't know if its my debt, but even if it were, the SOL has run out per these documents" and you give the judge the Truth in Lending Act copy with the defintion of open ended contracts, then you lay the OHIO definitions of credit cards on him AND the State statute that says the SOL is FOUR years, NOT 15.
Follow Ups:
Post a Followup
|