Asset Acceptance LLC has purchased
Date: Tue, 03/27/2007 - 08:38
asset acceptance llc has purchased an old account from FirstUSABank, they have filed a civil suit against me in the state of Ohio. The account originally went into default on 03/27/98 with a balance of $500.00. I am being sued for a principal balance of $1092.11 plus interest of $721.93 and court costs. The suit was filed and subsequently served to an address I do not nor have ever lived at. This can clearly be proven through credit report, current bills, tax payments, etc. I beleive this was an attempt to have found guilty by default. My question is to the specfic statue of limitations on an open-ended account in the state of Ohio. I can find one for all other 49 states, but no clear-cut answer for Ohio. I can only find witten or non-written contracts, no provision for open- ended accounts. I did find the definition in the federal Truth-in-Lending Act to include all revolving credit card accounts as open-ended accounts.
Most courts generally consider credit cards to be unwritten. If
Most courts generally consider credit cards to be unwritten. If that account is truly from 1998,it would be sol no matter how they try to classify it!Ensure in your answer to the suit to allege counter claims for violating the fdcpa(Suing on timebarred debt). Also be sure to bring up sol as a affirmative defense in your answer.
I generally am familiar with California and Texas, but I believe
I generally am familiar with California and Texas, but I believe (unfortunately) the SOL in Ohio is fifteen years - among the longest in the country.
