sol on credit card debt

[Mommee1963]

What is the sol on credit card debt in ohio? I have seen 4 years, 6 years, and 15 years on diff internet sites? one site said there was NO sol on cc debt in ohio? Anybody know the correct answer? thanks

[stevek3]

Originally Posted by Mommee1963

What is the sol on credit card debt in ohio? I have seen 4 years, 6 years, and 15 years on diff internet sites? one site said there was NO sol on cc debt in ohio? Anybody know the correct answer? thanks

Yes, I know the correct answer.

[Ladynred]

Steve the collector probably said 15 years.. but its not. Credit cards are NOT written contracts and do not fall within the 15 year SOL. The Truth in Lending Act specifically defines credit cards as open-ended agreements, NOT written contracts.

The different collection industry sources list the SOL as SIX years and many people have won against time-barred lawsuits using the 6 year SOL.

[stevek3]

Originally Posted by Ladynred

Steve the collector probably said 15 years.. but its not. Credit cards are NOT written contracts and do not fall within the 15 year SOL. The Truth in Lending Act specifically defines credit cards as open-ended agreements, NOT written contracts.

The different collection industry sources list the SOL as SIX years and many people have won against time-barred lawsuits using the 6 year SOL.

Steve the collector? Uhh...O.K. Anyway, as usual when it comes to a legal question, particularly when it concerns Ohio, you seemingly lack the foggiest clue. What's even more amazing, you keep making stuff up. You cannot name even ONE credit card case where a statute of limitations defense won the case. Wait, would that be the landmark Ohio case of Curly v. Shemp? If memory serves, LadySinbad, I believe that case was won only because Curly died during the middle of trial. Accordingly, the claims of the underlying complaint subsequently became moot when Curly's estate decided to dismiss them.

Like the cerebral Mr. Garrison of "South Park" once said, and you keep proving his pearl of wisdom over and over again, "There are no stupid questions, just stupid people." I suppose the same can also be said for the stupid people who supply the stupid answers to the stupid questions.

[tabathadolley]

Mommee1963 - The [URL=http://www.cardreport.com/laws/statute-of-limitations.html]site[/URL] I have bookmarked(and a few others) show no SOL in Ohio for open accounts. Is that correct Steve?

[ihatearizona]

LNR is correct. It is 6 years in OH.

[stevek3]

Originally Posted by ihatearizona

LNR is correct. It is 6 years in OH.

And, just like LadyQuicksand, you can't produce even one case cite to support your nonsense. You'll never write a brief in your life, but that's exactly how it works in the legal world. Talking out of your ass is bad form and is persuasive only to other idiots.

[Ladynred]

The SOL table on cardreport.com is incorrect but the owners have failed to update the chart.

DEFINITION IN OHIO CODE EXCLUDING CREDIT CARDS AS WRITTEN CONTRACTS

1335.02 Loan agreements with financial institution.


(A) As used in this section:
(1) "Debtor" means a person that obtains credit or seeks a loan agreement with a financial institution or owes money to a financial institution.
(2) "Financial institution" means either of the following:
(a) A federally or state-chartered bank, savings bank, savings and loan association, or credit union, or a holding company, subsidiary, or affiliate of a bank, savings bank, or savings and loan association;
(b) A licensee under sections 1321.01 to 1321.19 of the Revised Code, or a registrant under sections 1321.51 to 1321.60 of the Revised Code, or a parent company, subsidiary, or affiliate of a licensee or registrant.
(3) "Loan agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, mortgages, or other documents or commitments, or any combination of these documents or commitments, pursuant to which a financial institution loans or delays, or agrees to loan or delay, repayment of money, goods, or anything of value, or otherwise extends credit or makes a financial accommodation. "Loan agreement" does not include a promise, promissory note, agreement, undertaking, or other document or commitment relating to a credit card, a charge card, a revolving budget agreement subject to section 1317.11 of the Revised Code, an open-end loan agreement subject to section 1321.16 or 1321.58 of the Revised Code, or an open-end credit agreement subject to section 1109.18 of the Revised Code.


§ 1109.18 Revolving credit agreements.
(A) A bank may extend credit to a customer pursuant to a revolving credit agreement allowing the customer to access the credit from time to time, subject to a limitation on the outstanding balance of the credit accessed and without regard to whether the customer has previously accessed and repaid the credit. A revolving credit agreement may authorize the customer to access the credit extended by either or both of the following:
(1) Purchasing goods or services from a seller by means of the bank's commitment to advance to the seller the payment for the goods and services purchased by the customer;
(2) Obtaining an advance of funds by the bank or by another in reliance on the bank's commitment to pay the funds advanced to the customer.
(B) The terms of a revolving credit agreement may permit the bank to charge, collect, and receive any finance charge or other fee or charge permitted by section 1109.20 of the Revised Code. A revolving credit agreement shall specify the manner in which the bank will compute the loan balance on which interest and finance charges are assessed as permitted by section 1109.20 of the Revised Code. A revolving credit agreement may permit the bank to charge a minimum monthly finance charge of one dollar for any month for which there is an unpaid balance on the customer's account.
(C) The bank shall supply to its customer under a revolving credit agreement a statement as of the beginning or end of each period in which there is any unpaid balance on the customer's account, which period may be a calendar month or other regular period not in excess of thirty-one days. The statement shall include the following:
(1) The unpaid balance under the agreement at the beginning and end of the period;
(2) The date and amount of each advance made by the bank for the account of the customer during the period;
(3) The cash purchase price and the date of each purchase of goods or services with respect to which advances for the account of the customer were made during the period;
(4) All payments made by the customer to the bank and any other credits to the customer during the period;
(5) The amount of all charges made against the customer during the period;
(6) A legend to the effect that the customer may at any time pay the unpaid balance without incurring further charges. HISTORY: 146 v H 538. Eff 1-1-97.

OH Statutes do not define credit cards as 'loan agreements' but does exclude them and refer to them as 'open-ended' - gee... Just like the FEDERAL Truth in Lending Act !!

There's no case law because obviously NO case has been brought before a court of RECORD, most of these things are fought out in small claims court !

[stevek3]

Originally Posted by Ladynred

The SOL table on cardreport.com is incorrect but the owners have failed to update the chart.



OH Statutes do not define credit cards as 'loan agreements' but does exclude them and refer to them as 'open-ended' - gee... Just like the FEDERAL Truth in Lending Act !!

There's no case law because obviously NO case has been brought before a court of RECORD, most of these things are fought out in small claims court !

You keep making up non-existent titles to Ohio statutes, and you keep adding statutory language to Ohio law where no such language exists. You actually added words to a statute. It's unbelievable. Furthermore, your inanity about the forums Ohio collection attorneys choose to file their actions is so incredibly off-the-mark on the reality scale, it's not even worthy of discussion.

I used to think your posts were merely self-serving, nothing more than lashing out at all the creditors you're convinced have done you wrong. Now, I am thoroughly convinced you are simply crazy. It is impossible to have a rational discussion with a crazy person. It's like dealing with those Montana morons in a cabin who honestly believe the Constitution gives them the right to print counterfeit money. There's just no getting through to you.

[Ladynred]

Steve, you're talking to yourself again.. did you forget you're on my IGNORE list ?? While I'm sure you're ranting away and carrying on with your juvenile name-calling, its obvious you're just pissed that anyone would screw with you and your collection buddies' nasty little game of screwing consumers over time-barred debts.

People have PREVAILED in OH courts using the 6 year SOL against time-barred lawsuits and they are people on this board and others. Just because YOU"VE never heard of it and its not on Lexis or Westlaw doesn't mean it hasn't happened.

Just for the edification of anyone else reading this who doesn't already know, Steve is a debt collector and junk debt buyer. Consider the source people !

[stevek3]

Originally Posted by Ladynred

Steve, you're talking to yourself again.. did you forget you're on my IGNORE list ?? While I'm sure you're ranting away and carrying on with your juvenile name-calling, its obvious you're just pissed that anyone would screw with you and your collection buddies' nasty little game of screwing consumers over time-barred debts.

People have PREVAILED in OH courts using the 6 year SOL against time-barred lawsuits and they are people on this board and others. Just because YOU"VE never heard of it and its not on Lexis or Westlaw doesn't mean it hasn't happened.

Just for the edification of anyone else reading this who doesn't already know, Steve is a debt collector and junk debt buyer. Consider the source people !

You neglected to mention that part about writing motions and briefs in Ohio courts for the past 20 years. Some oral arguments in front of the appellate courts, too, even though I hate doing any oral arguments. I'm more of a behind-the-scenes guy. Writer-Producer-Director. I am not an actor. Regardless, how many legal actions have you ever filed in Ohio, LadyBled? What is the numerical value of "zero?" When it comes to Ohio, you have all the scholarly knowledge and the credibility of a pimple on a butt. Maybe not even that much.

By the way, if people have prevailed using a six-year statute of limitations defense in Ohio, instead of making up fictional story after fictional story, how 'bout furnishing even ONE name and the particular court. Just one. Just one. Just one. Just one. Just one.