Re: SOL and Ohio RE: credit card debt

Posted by Rlee from OH (63.155.200.18) on August 14, 2004 at 01:28:21:

In Reply to: SOL and Ohio RE: credit card debt posted by raisinette on August 11, 2004 at 19:26:52:

I just finished reading the posts here on this subject.
1st I have been here and done this. Our Ohio attorneys, judges, and the Ags office have no idea
what to do on this subject. Their easy answere is this 15 year crap, which of course is what it is, CRAP. TILA clearly states that CC are open end accoutns. The problem is that there is no Ohio Revised Code Statute that addresses Open End Accounts.
I found the AG office to be totally useless.
Send them TILLA, explain to them the delema, and they don't have a clue what to tell you.
While I am not an Attorney I can tell you from my business law classes in college that I had to take to get my business degree, that CC do not meet the criteria for a written contract. Almost any good attorney with knowledgable in contract law will confirm this.
Still this leaves the problem, well then what Ohio Statute addresses CC debt. The answer is none. So this then, through the process of elimination, leads you to the Statute that Why Chat states, the 4 year statute for torts.
If not that, then there is nothing.
Truth is, Federal Law trumps state law, TILA clearly states that CC type debt are "Open End Accounts" Open end accounts are not written contracts 15 yr SOL, they are not contracts other than in writting 6 yr SOL, they are what they are
"OPEN END ACCOUNTS" by federal definition. The only thing left then in Ohio Statutes, by way of exclusion is the 4 yr SOL under torts.
All this said and done, I went to two attorneys for help when I was sued a year or so back, and met the same road blocks you are running into.
Knowing that the the CA would not have records, I decided to go the conventional route and told my attorney to file interrogatories and force them to produce all the records, original signed agreement, complete accounting, purchase aggreement between CA and OC, etc. They folded in short order and the cases were dismissed.
So you see there is more than one way to skin a cat. Look overr ORC Section 1319.12 (C) (G)
(G) "Nothing in this section relieves a collection agency from complying with the "Fair Debt Collection Practices Act,"
There it is in our Ohio Code these scum suckers must abide the FDCPA (Federal Law).
They never do. They Lose.
Good luck
Rlee

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