Re: Statute of Limitations on Collection of old debt Please Help

Posted by LadynRed (199.91.33.254) on April 02, 2003 at 10:07:44:

In Reply to: Statute of Limitations on Collection of old debt Please Help posted by darin on April 02, 2003 at 09:57:02:

There was a big debate in last month's posts over Ohio's SOL for credit cards. WhyChat says 4 years, Lawguy says 6. Either way, the SOL as LONG since passed on this debt. The suing attorney will try to say that the SOL is 15 years - NOT. The Truth in Lending act clearly defines credit cards as open-ended accounts and while Ohio does not SPECIFICALLY contain a similar definition, you could still use the Federal TIL definition to defend your position. Many Ohio residents have done so successfully and reported here on this board to that fact.

The expired SOL is your absolute affirmative defense and you must use it. Take copies of the TIL definitions and the Ohio regs you quoted, do NOT count on a judge to know the state statutes, you'll have to be prepared to educate him/her yourself becuase the suing attorney most certianly will try to sway the judge to his position. Most of the time these lawyers for collection agencies smugly believe they'll win by default, and they do, because most people don't know their rights and don't even know an SOL exists. The lawyers are rarely prepared for a fight from you and also, apparently, are rarely prepared with any proof to contradict your position, especially if you walk in there prepared with Federal laws and statutes in hand !

I'm sure Lawguy or WhyChat will add to what I've said here, but you DO have the right idea and a positive defense to shut this CA lawyer down. I've read many posts where these CA lawyers are utterly stunned when a defendent has proof, the lawyer does not, and the judge dismisses the case ! It can be done, it has happened, so go get 'em !

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