Re: Ohio SOL for Credit Card Debts -WhyChat?

Posted by lawguy (216.30.212.58) on March 24, 2003 at 16:15:34:

In Reply to: Re: Ohio SOL for Credit Card Debts -WhyChat? posted by Why Chat on March 24, 2003 at 15:15:08:

The questioning of my profession is getting tiresome, but as it apparently gives you pleasure, please continue. Your failure to cite any meaningful sources may not mean anything to the other people who read this board, but it reiterates to me that you accept what you want to believe is true, rather than researching an issue or accepting any criticism.

You refuse to realize, research, or understand that substantive federal consumer protection laws do not preempt state procedural laws, including SOL statutes. TILA and the FDCP are not subject to the complete preclusion doctrine (very few federal laws are). Further, unless specifically stated, definition sections in a statute apply only to the statute itself. Otherwise, it is simply ammunition for an argument and nothing more.

Please cite me one single case from any US jurisdiction that cites TILA for determining how a credit card or any other debt is to be classified for purposes of a state SOL. I would truly like to see you post something like that, instead of just ad hominem attacks.

Even accepting the TILA definition, which I do think is a very accurate definition, a credit card debt would still be a contractual obligation rather than one arising from tort. The defining differnce is whether the obligation arises from agreement or is inherent in the law. And unless you want to say that a credit card company may demand payment from anybody because it is their inherent right in the law to do so, the obligation is contractual.

While your Ohio SOL argument may work with a country-bumpkin magistrate, I seriously doubt it would gather any merit in a trial or appellate court.

And no, the easiest way to be SURE about an SOL statute is not from the collection agency websites. The surest way is from case law where you can see the application of the SOL to actual facts before an actual court, rather than in the hypothetical legal landscape between your ears.

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