| Message |
Author |
Posted: Wed Oct 12, 2005 6:20 am Subject: The statute of limitation on debt in ohio |
|
|
being called on one over 20 years ago
_________________ Register today to encash debtcc points.
|
|
thoams zaracki
Guest

Debtcc Points: 100
|
|
|
Posted: Wed Oct 12, 2005 11:29 am Subject: |
|
|
Hi thoams
Welcome to the forums. Am I understanding it correctly that Zombie is trying to collect a 20 years old debt from you?
They might have purchased junk debt from somewhere and trying to force payments on you. The statute of limitation for legally collecting the debt in Ohio is 6 years.
Please use your consumer rights as per the fdcpa law and inform them that the said debt is past the SOL period and also past the reporting period in your credit report. They are required to stop all the collection efforts and call you over the phone. If they do it even after receiving your letter, it is a violation of the Federal law and you can take legal actions against them.
Regards
Roxette
_________________ Debtconsolidationcare offers free counseling and help, please avail the services before taking any major decisions.
|
|
roxette
Moderator

Joined: 18 Mar 2005
Posts: 4140
Debtcc Points: 50411
|
|
|
Posted: Tue Jan 24, 2006 4:20 pm Subject: Ohio Statute Of Limitations |
|
|
I am very unclear on the statute of Limitations in OHIO - is a revolving account (credit card) considered a "written contract" or a "written or oral account". There are so many conflicting web sites and the attorney we spoke to quoted 10 - 20 years which from my own research I have disproved. HELP!
_________________ Register today to encash debtcc points.
|
|
Chrissy
Guest

Debtcc Points: 100
|
|
|
Posted: Tue Jan 24, 2006 4:40 pm Subject: |
|
|
Chrissy, the statutes in Ohio is six years for unsecured debts like the credit card accounts.
The SOL expires after this period and is calculated from the date of last activity in the credit card account.
Remember, if your debt is past the statutes, you should not make any payment towards the account or sign any promissory note. Doing this will begin the SOL period from the beginning.
|
|
john
Moderator

Joined: 05 Jan 2006
Posts: 1287
Debtcc Points: 26417
|
|
|
Posted: Sun Feb 24, 2008 5:26 pm Subject: finding old cards |
|
|
I just got summone saying i was getting sued. How can i find out if my debt is over 6 yrs. I live in michigan.
thanks
mike
_________________ Register today to cash in debtcc points.
|
|
mike 1234
Guest

Debtcc Points: 100
|
|
|
Posted: Wed Oct 01, 2008 12:42 pm Subject: Scenario -- hoping someone can help |
|
|
Got a credit card while in college in Mass. at 16 (1993), balance was almost $1000, didn't pay... Got a collection notice in 1994 -- mom paid it off in full (in MA). In 2002, received a collections call (I had since moved -- now living in Florida). I was intimidated & about to purchase a home -- was told that I could "in good faith" pay $50 until I was able to find the document in order for it to not appear on my credit report, which I stupidly did. I then called my mother, who said she would look for the documentation, and couldn't find it... this was 8 years later.
Now, it is 2008 (still residing in Florida), and I am starting to get called again repeatedly about this "alleged debt". They are insisting that I fax over proof within 24 hrs, which I cannot obtain. I was able to explain to a few that it was paid and they gave up, giving it to this new place... who now is telling me that they can garnish my wages if I don't settle for over $2000.
Since finding proof seems like a dead issue, can I use the "statute of limitations" defense? -- the $50 payment I sent was in 2002 & I reside in Florida. When, I reset the SoL, is it 4 years (for FL) or 6 years from the original signing in MA? Any advice is appreciated.
_________________ Register today to cash in debtcc points.
|
|
Guest
Guest

Debtcc Points: 100
|
|
|
Posted: Wed Oct 01, 2008 12:48 pm Subject: reply |
|
|
i would send this JDB a DV and C&D letter.send them certified mail return receipt.it is up to them to prove you owe it,not your job to prove you don't.as far as the SOL goes i think it goes by the state you made the payments in.i could be wrong.if i am someone will correct me,but again it is up to them to produce proof you owe them not the other way around.
|
|
paulmergel
Moderator

Joined: 24 Jun 2007
Posts: 3596
Debtcc Points: 12775
|
|
|
Posted: Fri Oct 10, 2008 6:17 am Subject: AHHHHH! |
|
|
I have gotten called 6 times in the last 7 minutes starting at 9am. I got a message stating they were going to call my other contacts again if they cannot reach me. This is regarding my post left on October 1st. I told them to correspond to me in writing from now on and they refused... flat out said NO, just asked if I was sending proof of payment. They told me they would continue calling until I addressed the matter and sent over proof of payment, which I explained I was unable to obtain. He said I could give him my attorney's number which was the only other alternative to getting phone calls, which I told him I did not need to do since I was not in need of one. I then told him Thank you and hung up. I've gotten 2 calls since at it's not even 9:15am. What do I do to make him stop?
_________________ Register today to cash in debtcc points.
|
|
AHHHHH!
Guest

Debtcc Points: 100
|
|
|
Posted: Fri Oct 10, 2008 6:44 am Subject: reply |
|
|
do you have caller id?if so what number appears.maybe we can
get an address from that.then you send a complete cease and desist letter.send it certified mail return receipt.include a debt validation letter.if they don't stop,sue them for fdcpa violations.
|
|
paulmergel
Moderator

Joined: 24 Jun 2007
Posts: 3596
Debtcc Points: 12775
|
|
|
Posted: Fri Oct 10, 2008 7:20 am Subject: |
|
|
Ahhh! Who is the CA?
|
|
desperatelyseekingsanity

Joined: 09 Jun 2007
Posts: 643
Debtcc Points: 2806
|
|
|
Posted: Sun Nov 30, 2008 3:28 am Subject: FALS PRETENCE |
|
|
I WAS RECENTLY CONTACTED BY A ZOMBIE DEBT COLLECTOIN AGENCY POSING AS A LAW FIRM ,TELLING ME MY FILE NUMBER THEY HAD AND LEGAL LIKE APPROACHES THEY WERE USING, LIKE THREATENING TO FILE A 1099C WITH THE IRS. MY QUESTION IS IS THERE ANY WAY TO MAKE THESE CON ARTIST PAY FOR THIER MISCHEVEOUSE MALICIOUSE ACTS
_________________ Register today to cash in debtcc points.
|
|
R SALAS
Guest

Debtcc Points: 100
|
|
|
Posted: Sun Nov 30, 2008 7:37 am Subject: |
|
|
There is an article/video (youtube ?) on this subject from one of the major networks and I wished I could post it for you. It is really good and an eye opener. Maybe someone who can do this will be along soon to share it with us.
_________________ "It only takes a second to do something that you will regret for the rest of your life."
All the Best,
Luke
|
|
Lukeskywalker


Joined: 19 May 2007
Posts: 1907
Debtcc Points: 16266
|
|
|