Second question --- SOL & moving states
Date: Mon, 03/02/2009 - 20:25
Some of our debt has first delinquency dates of early to mid 2004. We were living in Texas and the SoL for Texas is 4 years (if I found correct information). However, this last fall we moved to Ohio and recently a collection agency said they can sue us because we moved and they can go by Ohio's SoL.
Is this true? Or was the SoL up while living in Texas? Can the SoL carry with you when you relocate?
I'm so confused now :(
If the debt originated in Texas it should go by that state. Furt
If the debt originated in Texas it should go by that state. Furthermore if you left Texas after the sol was up, which is 4 years, the SOL in Ohio on open accounts, such as credit cards is 4 year too so I do not see what they are getting at. If they have the original signed contract, the SOL is 15 years. if they have a contractual agreement not signed it is 6 years. Contracts are auto loans, leases, doctors bills.
So if all your debts are credit cards and the sol is 4 years and they are threatening you, tell them to look up Ohio CODE ORC 1302.98
http://codes.ohio.gov/orc/1302.98
They are most likely bullying you into paying. They will always try to say a credit card is a contract. It is always an open account and thus 4 years. You can go 2 years without charging on a credit card and never have a payment. It is used for the sale of goods.
So tell them if they plan on suing you for a credit card debt, you would be more than happy to take them on as you will be filing a counter claim for the maximum allowed under the FDCPA.
15 usc 1692e(2)(5)(10), just a few off the top of my head. Tell them it holds a fine of up to $1,000 for making threats of a lawsuit on a time barred debt.
