Re: Ohio SOL for Credit Card Debts - Lawguy ?

Posted by lawguy (68.119.155.69) on March 24, 2003 at 19:58:31:

In Reply to: Re: Ohio SOL for Credit Card Debts - Lawguy ? posted by LadynRed on March 24, 2003 at 16:32:26:

Most state statutes do not specifically state what limitations period apply to credit cards.

The TILA definition is not binding on state courts with regards to procedural matters. It is very persuasive though. As are the definitions found in Am.Jur., C.J.S., Restatements, and other jurisdiction's court decisions.

But the federal government has no power to interfere with a state's statutes of limitations in any way. Only if a suit that is in a state court is based upon a cause of action that arises under federal law (which suits on credit cards and other consumer debts do not) can the federal government dictate the SOL.

Look at my previous post where I quoted Am.Jur. It said that the courts look to the underlying nature of the action to determine the applicable SOL. That is pretty much how it works.

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