Butch, I know you live in Ohio.....

Discussion in 'Credit Talk' started by sirrowan, Sep 19, 2002.

  1. sirrowan

    sirrowan Well-Known Member

    Have you been able to get hard information regarding the statute of limitations on debts and the credit laws, if any, for Ohio. I have searched and searched and everything is inconsistent or just not there. I can't get attorneys to return my calls. And I can't find it in the Ohio laws.

    If you know where I could find this information, I would really appreciate a heads up.

    Thanks
    Sirrowan
     
  2. sirrowan

    sirrowan Well-Known Member

    bump
     
  3. TomJones

    TomJones Well-Known Member

    I can't speak for butch, but this site claims to have summaries of state laws related to collections, BK, etc.
    http://www.lawdog.com/state/laws.htm

    Based on this, it appears Ohio residents have *only* those rights which the federal government gives them in regards to credit and collections.

    I will note in passing that I am aware of one OH law requiring that credit-worthy persons not be discriminated against in the dispensation of credit, but based on the wording this was pretty clearly (IMHO) a civil rights law in the vein of the EEOC, etc.
     
  4. cannoda

    cannoda Well-Known Member

    Judgements in Ohio become dormant in five years but may be revived for upto 21 years.

    § 2329.07 Judgment may become dormant.
    Text of Statute


    If neither execution on a judgment rendered in a court of record or certified to the clerk of the court of common pleas in the county in which the judgment was rendered is issued, nor a certificate of judgment for obtaining a lien upon lands and tenements is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within five years from the date of the judgment or within five years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later, then, unless the judgment is in favor of the state, the judgment shall be dormant and shall not operate as a lien upon the estate of the judgment debtor.

    If the judgment is in favor of the state, the judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor unless neither such execution on the judgment is issued nor such a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within ten years from the date of the judgment or within ten years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later.

    If, in any county other than that in which a judgment was rendered, the judgment has become a lien by reason of the filing, in the office of the clerk of the court of common pleas of that county, of a certificate of the judgment as provided in sections 2329.02 and 2329.04 of the Revised Code, and if no execution is issued for the enforcement of the judgment within that county, or no further certificate of the judgment is filed in that county, within five years or, if the judgment is in favor of the state, within ten years from the date of issuance of the last execution for the enforcement of the judgment within that county or the date of filing of the last certificate in that county, whichever is the later, then the judgment shall cease to operate as a lien upon lands and tenements of the judgment debtor within that county.


    This section applies to judgments in favor of the state.
    HISTORY: RS § 5380; S&C 1067; 51 v 57, § 422; GC § 11663; 116 v 273; Bureau of Code Revision, 10-1-53; 134 v S 207 (Eff 2-3-72); 140 v H 256. Eff 3-20-84.
     
  5. sirrowan

    sirrowan Well-Known Member

    Thanks for the information guys. Much appreciated.

    I am trying to find the information as written in Ohio Law. I have some old collection accounts that I think are right on the boarder of the SOL, but I want to make sure, before I shoot myself in the foot.

    Sirrowan
     
  6. voodochild

    voodochild Well-Known Member

    [color=35007]Alot of important information is easy to find in NAVES Unofficial Creditnet Board FAQS. here is a link [/color]
     
  7. sirrowan

    sirrowan Well-Known Member

    Thank you voodoochild, but these sites are inconsistant for Ohio laws (SOL).

    I want to find the laws in written form, so that I may have a hard copy.

    Sirrowan
     
  8. sirrowan

    sirrowan Well-Known Member

    bump
     
  9. voodochild

    voodochild Well-Known Member

    [color=35007]hopefully this helps I don't think you answer is in the following but there is more like it in this site

    did search here of "statute of limitations pay" and
    § 1303.16 (UCC 3-118) Statute of limitations.
    Text of Statute


    (A) Except as provided in division (E) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time shall be brought within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.


    (B) Except as provided in division (D) or (E) of this section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be brought within six years after the date on which the demand for payment is made. If no demand for payment is made to the maker of a note payable on demand, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.
    (C) Except as provided in division (D) of this section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft shall be brought within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.


    (D) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check shall be brought within three years after demand for payment is made to the acceptor or issuer.
    (E) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument shall be brought within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.


    (F) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, shall be brought within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time or within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.
    (G) Unless governed by other law regarding claims for indemnity or contribution, any of the following actions shall be brought within three years after the cause of action accrues:


    (1) An action for conversion of an instrument, an action for money had and received, or a similar action based on conversion;

    (2) An action for breach of warranty;

    (3) An action to enforce an obligation, duty, or right arising under this chapter and not governed by this section.
    HISTORY: 145 v S 147. Eff 8-19-94.

    Not analogous to former RC § 1303.16 (129 v S 5), repealed 145 v S 147, § 2, eff 8-19-94.

    [/color]
     
  10. Butch

    Butch Well-Known Member

    Hi Sirrowan,

    Sorry I just saw this tread.

    SOL for Ohio is 6 years as per most of what I've seen. SOL's are one of those things that seems to attract inconsistant information.

    To make matters worse the search function on the Ohio Revised Code sire is the most pathetic thing I've EVER seen.

    And ... Nopie, ya can't get an atty. to return calls unless you first pay the ******* a big retainer.

    BTW - I'm currently making plans to move to Hawaii.


    Let me know what else you find.

    :)
     
  11. sirrowan

    sirrowan Well-Known Member

    Thanks Voodoochild. This helps. Ohio doesn't seem to protect their people against collectors very much. Now wonder collection agencies are so abundant in Ohio!

    I talked to an attorney a few minutes ago and he told me to look up the limitation of actions. I've found info on everything except open contracts (cc's, etc.). What a pain! Now I understand why the sites in the FAQ are inconsistant. Ohio law is left open to interpretation.
     
  12. voodochild

    voodochild Well-Known Member

    Yes,
    From what I have seen OHIO is very Creditor and somewhat CA friendly. The companies that my current issues are with are in OHIO. They could stand by!
     
  13. Butch

    Butch Well-Known Member

    Be sure to link us to what you find.

    :)
     
  14. G. Fisher

    G. Fisher Banned

    Then what state has the best law? Perhaps the General Assembly could revise the Revised Code to make it similar-- or even better.
     
  15. sirrowan

    sirrowan Well-Known Member

    Yeah, really.

    As for linking, sorry but I don't know how to do this.

    I will tell you exactly what I found though.

    Under Ohio Revised code:

    Limitation of Actions:

    2305.06 Contract in writing
    2305.07 Contracts not in writing; statutory liabilities generally.
    2305.09 Fours years; certain torts
    2305.14 For other relief
    1302.98 Statute of limitations in contracts for sale.
    2305.26 Statute of limitation on action by state to enforce statutory lien.

    Very confusing.
     

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