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What is the statute of limitations on collection of credit card debt in the state of Ohio?

Springboro, OH |

I have credit card debt that I have not said was mine so I didn't re-age the debt. The debt is over 11 years old is this debt still collectable or can I say in court that the SOL has been reached.

Attorney Answers 5

Posted

Google it.

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Posted

That is the least helpful post I've ever seen on this website. It took more combined time for you to condescendingly type "Google it" and for the poster to actually do it than it would to type a professional and helpful response. I don't see why anybody would EVER hire your for ANYTHING.

Posted

It can be as long as 15 years in OHio. However, the applicable statute of limitations is likely determined by the choice of law provsion in the cardholder agreement. You should consult with a consumer law attorney.

Michael L. Fine
www.Ohio ConsumerLawyer.com
216.292.8884

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Posted

Do not "Google" the question. It will lead to either more confusion or incorrect information. The SOL for a credit card debt in Ohio is not a simple issue, and as Mr. Fine indicated, needs the analysis that a consumer attorney can provide. The 15-year SOL likely does not apply, because there is likely not a signed written contract. If you have been sued on this, you should contact an Ohio-licensed consumer attorney right away. I am a member of www.naca.net and would recommend consulting with a NACA attorney.

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Posted

The statute of limitations in Ohio is ordinarily 15 years, although this was just recently changed last month to 8 years. In a consumer transaction, however, it is very likely that you can defeat these limitations and they probably will not apply, especially if your debt was sold to a debt purchaser and the original creditor is not the party now attempting to collect or sue you. You should seek an attorney who handles debtor's rights should you get sued because there are many tricky legal defenses that you may be able to assert.

www.rogerslawllc.com, Rogers Law, LLC and attorney Kevin V. Rogers, Jr. The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

You may have another defense. How about denying the debt and seeing if they have the slightest proof of its existence? Perhaps they can't even prove that they own the debt. An attorney would be very helpful in this process. And worth the cost. Doing it yourself will get probably just you lost in the "discovery" process. Good luck.

This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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