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Statute of limits

Date: Wed, 08/19/2009 - 13:57

Submitted by anonymous
on Wed, 08/19/2009 - 13:57

Posts: 202330 Credits: [Donate]

Total Replies: 7


What is the SOL for a credit card in Ohio? I had a Best buy account back in 1998 and I am now being threatened by a collection agency. No payments have been made since 1998


Particularly, look at paragraph 3. It specifically excludes credit cards as a loan agreement

?? 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.

And according to 1321.16, credit cards are open ended loans.


lrhall41

Submitted by southernapostolic on Fri, 08/21/2009 - 21:40

( Posts: 302 | Credits: )


To the OP: I'm in NY, which has a 6 year statute of limitations as well. Remember, that even though they cannot sue you to recoup the debt once it's past the statute of limitations, they can still take other efforts to collect the debt, i.e. call you, send you letters, etc. I know I sound repetitive, but a "do not contact" letter sounds like your best bet.


lrhall41

Submitted by mmurtha on Sat, 08/22/2009 - 07:43

( Posts: 10 | Credits: )