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accounts that have been wriien off

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spookytooth

Guest
What is the name of your state? Ohio. I have been contacted by an out of state collection agency. They are trying to collect on two accounts that were written off by the creditor between 10 and 12 yrs. ago. can i be forced to pay these debts? do they have any legal recourse or are they just making threats to get me to pay a reduced amount? I can not prove but when of these debits were paid over 10 yrs. ago.
 


Ladynred

Senior Member
Can you be forced to pay the debts ?? ABSOLUTELY NOT !!
Statute of Limitations on open accounts in Ohio is SIX years, and these are well-past that. They can no longer LEGALLY sue you to collect.

When was the last time you paid on either of them ? Can you prove it ? The fact that both would have fallen off your credit report years ago is pretty much proof enough that they've expired. If you're sure they have, then send these scumbags a Cease and Desist letter. In it you tell them never to contact you about the debt again as it is time barred.

Just out of curiosity, which collection agency is it ?? There are a few nasty bottom-feeders out there who specialize in terrorizing people over out-of-statute debts.
 
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spookytooth

Guest
wriiten off accounts

Thanks for the reply. They told me the statue of limitations in ohio is 15yrs. My exwife was suppose to pay these accounts and shhe did not. they have not been paid on, nor has there been in acitivity on these accounts for atleast ten years. the name of the collection agency is capital acquistions & management company of sycamore,illionis.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Normally, Ladynred is accurate about matters such as this. However, and sadly, I must correct her with regard to the Statute of Limitations. I have confirmed, as has our writer, that the SOL is, in fact, 15 years on written/open end accounts.

Our writer is S.O.L.

IAAL
 
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spookytooth

Guest
wriiten off accounts

So where does that leave me. I have sent a cease and desist letter nad they continue to call me at work. the amount that they want to settle for is 2,500. The claim with interest is 9,800. should i try and settle for a lower amount, or just ingnore them, or file a complaint. Any idea's.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Spooky, we don't know your financial situation, so how can we tell you to pay or not to pay? How can we give you any advice to fight it? We don't have any information from you that says to us anything other than it's a valid debt.

You do whatever you feel is right.

IAAL
 
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spookytooth

Guest
wriiten off accounts

Yes they are valid debits. My financial situtation is such that it would hurt but not kill me. Thanks for all your help. I guess by telling me the the SOL was a big help. Thanks again.
 
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spookytooth

Guest
Sol on wriiten off accounts

How do I confirm the sol for ohio? I have gotten three different answers. I would like to put this matter behind me after 12yrs. and an nasty exwife that caused these problems. Who are these people anyway? it seems everytime a make a large new purchase someone else pops up.
 

I AM ALWAYS LIABLE

Senior Member
bigun said:
Hold on a second spookster. Ohio law changed a short time ago and many web sitesare reporting incorrect data.

www.fidelityinfocorp.com/state_list.html shows Ohio with a 4 year SOL.

My response:

Bigun, I went to your site and I maintain my response as accurate.

Our writer never said these debts were as the result of a "sale"; e.g., the purchase of a car.

It appears that his are merely written credit card debts. As such, there is a 15 year SOL on such accounts.

If they were contracts for "sale", then Ohio uses the Uniform Commercial Code, which would be 4 years - - -

UCC § 2-725. Statute of Limitations in Contracts for Sale.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this Act becomes effective.

IAAL
 
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spookytooth

Guest
Sol on wriiten off accounts

Now i am confused. not asking for legal advice just where to go for help. thanks to everone that has taken the time to reply.
 

I AM ALWAYS LIABLE

Senior Member
Re: Sol on wriiten off accounts

spookytooth said:
Now i am confused. not asking for legal advice just where to go for help. thanks to everone that has taken the time to reply.

My response:

Spooky, why are you confused?

If these were credit card debts, then it's 15 years.

Read the above posts again.

Where to go for what kind of help? Financial help? Legal help?
Emotional help? Religious help?

IAAL
 
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spookytooth

Guest
wriiten off accounts

Ok you made your point, and I could use help in all of the forementioned areas. Thanks again
 

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