Has the statute of limitations expired on my debt? Need someone with legal expertise

[adjusterjack]

Thanks for your help. Here's the main debt I'm not sure of. I have a 24k loan from a federal credit union in Ohio where I was a resident. My last payment was October 2009. I moved out of state in 2012. Did the statute of limitations stop running? Can they still sue me and get a judgement?

Ohio Revised Statute 2305.06 Contract in writing.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.06/
Ohio Revised Statute 2305.15 Tolling during defendant's absence, concealment or imprisonment.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
You left while the SOL was still running. It's tolled until you return or until you are located.

So, yes, it looks like you can still be successfully sued for that debt.

 

[quincy]

Ok I see. I will definitely respond if I get anyting. So would you know if the statute of limitations stopped running when I moved to California in 2012? I don't anything about how SOL or tolling works.

The statute of limitations would start over if you make a payment or, sometimes, if you acknowledge you owe the debt.

If you move to California from Ohio, the creditor can sue you either in Ohio or in California.

There (generally) is no tolling of the statute of limitations on debts. The statute of limitations period starts from the date of first missed payment. That does not change.

 

[shiningsea]

Ohio Revised Statute 2305.06 Contract in writing.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.06/
Ohio Revised Statute 2305.15 Tolling during defendant's absence, concealment or imprisonment.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
You left while the SOL was still running. It's tolled until you return or until you are located.

So, yes, it looks like you can still be successfully sued for that debt.

You gave me some good information to go by. I'm not happy that I may still be able to be sued but at least I know..Thanks so much!

 

[quincy]

You gave me some good information to go by. I'm not happy that I may still be able to be sued but at least I know..Thanks so much!

You can be sued as long as you owe the money. You can use the statute of limitations as a defense, both in California or in Ohio.

But, if you do not respond to any lawsuit filed against you, a judgment can be entered against you and the judgment creditor has additional ways to satisfy the debt.

Again, there is (often) no tolling of the statute of limitations on debt. The date of last payment remains the same regardless of where you move. The major thing that affects the limitations period will be the state. If sued in California, the creditor has a shorter period of time to file before a statute of limitations defense can be successful in defeating the claim.

 

[shiningsea]

Thanks quincy and adjusterjack..you both bring up very good points, and I see why there could be a difference of opinion. I'm hoping you are the right one here quincy. Because if you are correct that there is no tolling on the statute of limitations on debt, then I could get that as a defense if I get sued.

 

[shiningsea]

Ohio Revised Statute 2305.06 Contract in writing.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.06/
Ohio Revised Statute 2305.15 Tolling during defendant's absence, concealment or imprisonment.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
You left while the SOL was still running. It's tolled until you return or until you are located.

So, yes, it looks like you can still be successfully sued for that debt.

I'm reading different opinions and answers as to whether or not civil debts can be tolled. I'm hoping, obviously in my case, they can't

 

[quincy]

Thanks quincy and adjusterjack..you both bring up very good points, and I see why there could be a difference of opinion. I'm hoping you are the right one here quincy. Because if you are correct that there is no tolling on the statute of limitations on debt, then I could get that as a defense if I get sued.

Make sure you respond to any suit. Creditors are often awarded default judgments because the debtor fails to answer the complaint or show up in court.

You should consult with an attorney in your area for advice on your specific debts.

 

[shiningsea]

Ohio Revised Statute 2305.06 Contract in writing.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.06/
Ohio Revised Statute 2305.15 Tolling during defendant's absence, concealment or imprisonment.

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
You left while the SOL was still running. It's tolled until you return or until you are located.

So, yes, it looks like you can still be successfully sued for that debt.

Until I return or until located? So, if I never return, wouldn't the suing party/debt collector have to "locate" me within a reasonable amount of time, or can it go indefinitely? Maybe you guys can see why I need someone in expertise with SOL laws, haha

 

[quincy]

Until I return or until located? So, if I never return, wouldn't the suing party/debt collector have to "locate" me within a reasonable amount of time, or can it go indefinitely? Maybe you guys can see why I need someone in expertise with SOL laws, haha

Go by the date of default on your debt. The creditor has a limited time to sue you based on the date of default on the debt and the statute of limitations in the state where the debt arose and the lawsuit is filed.

The creditor can sue you at any time - but you have a defense to a legitimate debt if the creditor files suit outside the limitations period.

 

[shiningsea]

Make sure you respond to any suit. Creditors are often awarded default judgments because the debtor fails to answer the complaint or show up in court.

You should consult with an attorney in your area for advice on your specific debts.

Go by the date of default on your debt. The creditor has a limited time to sue you based on the date of default on the debt and the statute of limitations in the state where the lawsuit is filed.

The creditor can sue you at any time - but you have a defense to a legitimate debt if the creditor files suit outside the limitations period.

Up until a month ago, I knew very little on debt laws, statute of limitations, tolling, etc..And to the people viewing this, I've learned more on this site with 1 question, than all the other legal help sites like avvo, quora, justia..Thanks again quincy and adjusterjack!

 

[quincy]

Up until a month ago, I knew very little on debt laws, statute of limitations, tolling, etc..And to the people viewing this, I've learned more on this site with 1 question, than all the other legal help sites like avvo, quora, justia..Thanks again quincy and adjusterjack!

We really appreciate the thanks shiningsea, so thank you.

 

[adjusterjack]

There is no tolling of the statute of limitations on debts.

The Ohio tolling statute makes no such distinction:

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
Do you have an authority for your assertion?

 

[shiningsea]

The Ohio tolling statute makes no such distinction:

https://law.justia.com/codes/ohio/2018/title-23/chapter-2305/section-2305.15/
Do you have an authority for your assertion?

I'm very very curious to hear what quincy has to say

 

[shiningsea]

I just don't understand how this tolling is applicable if true. Everyone moves, whether they have debt or not. If true, this seems to imply that anyone who moves to a different state that has any outstanding unpaid debt would be on the hook indefinitely.

 

[adjusterjack]

How do you suppose the tolling would work, adjusterjack? Think about it.

The date of default on the debt does not change. It remains the same regardless of when a suit is filed.

OP's last payment was October 2009. Let's say the breach occurred the following month when the next payment was due and not paid.The SOL for an action based on a written contract (the SOL makes no distinction as to type of debt) is 8 years and ran out November 2017. If OP was still in Ohio and the suit filed today it would not be time barred.

However, OP left the state in 2012 while the SOL was still running. That was when the SOL was tolled so a lawsuit filed today would be time barred.

Quincy, how else would you explain it?

this seems to imply that anyone who moves to a different state that has any outstanding unpaid debt would be on the hook indefinitely.

That's exactly right and exactly how it should be for someone who defaults on a debt.

That's how the phrase "skip tracing" came about.