Re: Why Chat: Please help on ? about pmts after charge off

Posted by Why Chat (209.240.198.61) on July 27, 2003 at 15:49:25:

In Reply to: Why Chat: Please help on ? about pmts after charge off posted by Rlee from OH on July 27, 2003 at 15:20:25:

Did you READ all the information on my website about How To Answer A Time-Barred LAWSUIT??

If not, please do so.

Here is the statute from the OHIO page that I told you to print out.

§ 2305.09 Four years; certain torts.
 
Text of Statute
An action for any of the following causes shall be brought within four years after the cause thereof accrued:

(CAUSE OF ACTION ACCRUAL DATE MEANS THE FIRST DEFAULT OR DELINQUENCY, YOUR FIRST "LATE" OR"PAST DUE" MONTH- LEGALLY IT IS THE DATE THEY FIRST HAD A "CAUSE" TO SUE YOU FOR DEFAULT)

(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in sections 2305.10 to 2305.12, 2305.14 and 1304.35 of the Revised Code.

DEFINITION IN OHIO CODE EXCLUDING CREDIT CARDS AS WRITTEN CONTRACTS
1335.02 Loan agreements with financial institution.
 
Text of Statute
(A) As used in this section:
(1) "Debtor" means a person that obtains credit or seeks a loan agreement with a financial institution or owes money to a financial institution.
(2) "Financial institution" means either of the following:
(a) A federally or state-chartered bank, savings bank, savings and loan association, or credit union, or a holding company, subsidiary, or affiliate of a bank, savings bank, or savings and loan association;
(b) A licensee under sections 1321.01 to 1321.19 of the Revised Code, or a registrant under sections 1321.51 to 1321.60 of the Revised Code, or a parent company, subsidiary, or affiliate of a licensee or registrant.

(3) "Loan agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, mortgages, or other documents or commitments, or any combination of these documents or commitments, pursuant to which a financial institution loans or delays, or agrees to loan or delay, repayment of money, goods, or anything of value, or otherwise extends credit or makes a financial accommodation.

(THIS FOLLOWING PARAGRAPH ELIMINATES CREDT CARD ACCOUNTS FROM ANY STATUS AS A "WRITTEN CONTRACT")

"Loan agreement" does not include a promise, promissory note, agreement, undertaking, or other document or commitment relating to a credit card, a charge card, a revolving budget agreement subject to section 1317.11 of the Revised Code, an open-end loan agreement subject to section 1321.16 or 1321.58 of the Revised Code, or an open-end credit agreement subject to section 1109.18 of the Revised Code.
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