SOL and Ohio RE: credit card debt
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Posted by raisinette (68.255.154.185) on August 11, 2004 at 19:26:52:
I am currently involved in a suit brought against me by Asset Acceptance LLC for a credit card debt that has been in default since 1995. I have read much of the information presented here with regard to SOL and defense against such suits, and feel compelled to set the record straight on a few items. First, the statute of limitations for torts listed on the Ohio page as a defense is useless. Judges here do not regard credit card default as an injury, but as a contractual matter, rendering the tort defense useless. Further, the "borrower's statute" listed on that same page comes from old Ohio Law and was repealed in 1965, so don't even bother to try it. You will lose for sure. I have found an appeal that might help rescue anyone facing a summary judgement in the absence of concrete validation at http://www.sconet.state.oh.us/rod/documents/4/2004/2004-ohio-623.doc (which is the position I am currently facing). What I seek is case law that firmly establishes the SOL on CC debt to be anything less than 15 years for written contract. Just saying "it ain't so" doesn't make it so. Those of us faced with proceedings need something concrete to hand to our attorneys, since ours is the only state in the country where state law does not specifically address open accounts. Anyone with experience in Ohio courts, with a case to cite, would be most appreciated.
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