Re: SOL and Ohio RE: credit card debt

Posted by Why Chat (209.240.205.61) on August 12, 2004 at 14:55:50:

In Reply to: Re: SOL and Ohio RE: credit card debt posted by raisinette on August 12, 2004 at 13:55:04:

I really wish I could help you with "case law", but I can't-- and I will tell you why.

ALL of the people who have posted on this and other forms about beng sued by A$$(O)LES Unacceptable, and have filed an affirmatve defense of SOL along with their answer, in Ohio, Fl. Mo. Ill. Mich. Ca. La. etc. etc. have WON a dismissal.

HOWEVER, the reason they won was because A$$. never was able to,(or, in my opinion, did not CHOOSE to) present ANY credible proof of evidence of the account.

Please remember, if they HAD presented "proof" of the claim, together with account data that VERIFIED that they were filing on a time-barred debt, they would be exposing themselves to liability for violations of Federal & State laws, including CRIMINAL charges of fraudulent extortion, not to mention violations of the FDCPA and sanctions for fiing a frivolous lawsuit and abuse of proccess.

Go back to ALL the cases they have filed in Ohio, take a GOOD look at them, in ANY that showed a hearing date and an appearance with an answer filed, there was a dismissal. The only ones they win,are the ones where there is either a default judgment, or a "mediated" settlement, where they have terrorized someone who does not know their rights into signing a consent judgment.

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