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Re: Ohio SOL - Why Chat or anyone
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Posted by Rlee from OH
(207.221.80.53) on January 23, 2004 at 14:17:54:
In Reply to: Ohio SOL - Why Chat or anyone posted by Aimabear on January 23, 2004 at 10:18:35:
Hi Aimabear,
This SOL problem in Ohio has been discussed many times. The fact is that our Ohio Revised Code, no where simply states that the SOL on CC is X.
You have to go about finding what statute applies
(and Why Chat has that info on her web page) by way of exclusion. In other words if this statute does not apply, and the next does not apply then the statute that applies is what is left. There are those that argue that CC are written contracts and therefore have a 15 yr SOL, and still there are others that say the are contracts other than written contracts and therefore they
have a 6 yr SOL. The truth of the matter is that
TILA (the federal truth in lending act) clearly describes CC as open end accounts. Ohio Statutes do not assign a SOL to Open End Accoutns, nor does Ohio describe CC as something different than open end accoutns. This being the case then, and because many other State Statutes and Codes here in Ohio refer to Ohios' accordance with the TILA, FDCPA, and FCRA then the TILA description of CC as OPEN END ACCOUNTS stands.
If you look up in the archives 8-20-03 Posting from Rlee "Why Chat: regarding Oh SOL on CC you will see how it all fits. Now after you read all of this, look at Why Chats
web page of Ohio SOL, and review the archive above, I will tell you I ran into the same porblem you did with your attorney. There is just no convincing them differently than what they think sometimes. This being the case I won both of my lawsuits without even getting into the SOL thing. After I got sued, my attorney answered, and then field interogatories, and production of documetns request. It is up to the Plaintiff to prove that the debt is yours, and that you owe the amount they say you owe. This means original signed application, and and copies of all indivdual charges with your signature, and recorded payments. A couple of statements mean absolutely nothing. In my cases both were dismissed by the Plaintiff a couple of days before the hearing. Oh, first they called about a week before the hearing and asked if I wanted to settle. Be strong the answer is no. They never answered my attorneys interrogatories, nor produced any documents, had they not dismissed, they would have lost hands down.
Knowledge is Power.
Hope all this helps.
Rlee
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