Re: SOL and Ohio RE: credit card debt

Posted by raisinette (68.255.152.21) on August 12, 2004 at 17:21:22:

In Reply to: Re: SOL and Ohio RE: credit card debt posted by Why Chat on August 12, 2004 at 14:55:50:

Actually, in Asset Acceptance v Defago in Cuyahoga Falls Muni (where I am being sued, and heard by the same magistrate), Defago did assert the SOL wonderfully, but lost. The affirmative defense that you state though, the absence of validation beyond their stupid affadavit, was not raised in that case. I have raised it in mine.

Since my last posting, I was able to glean two useful bits of info though. Attorney General Jim Petro's office did confirm that credit cards fall under the written contract rule, making it subject to the 15 year clause, but because the card was issued in South Dakota, it could be subject to South Dakota's SOL. Also ORC 1109.69 has firm banking rules that might also time bar it.

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