Help with statute of limitations!

Discussion in 'Credit Talk' started by Nick'sMom, Jun 26, 2001.

  1. Nick'sMom

    Nick'sMom Member


    I disputed and eviction from an apartment in 9/93 that lead to a judgement there after. It came back verified and now the collection agency that has always had this debt it now hounding me about paying.

    I looked at the links suggested here to find the statute of limitations in Ohio, but my simple mind is failing to see in number of years exactly what the statues of limitations are for Ohio. If anyone knows can they please tell me?????

    Nick's Mom
  2. Cadillac408

    Cadillac408 Well-Known Member

  3. breeze

    breeze Well-Known Member

  4. Squawk1200

    Squawk1200 Well-Known Member

    Well, technically, Judgments in Ohio must be collected within five years, after which they become dormant. They can then be revived for another 21 years, giving judgment creditors a grand total of 26 years to collect.
  5. 4kristi

    4kristi Active Member

    Ohio has one of the longest SOL's for judgments. I do not however have the same info as squawk. My view of the code is that the judgment is good for 21 years and is renewable every 21 years so technically it's collectable forever. I do not see why the original judgment would only be good for 5 years yet be collectable 4 times longer once renewed. Maybe I am missing something :).

    Some states only allow for a judgment to be collectable for xx years regardless of the federal codes and some states do not have the renewal option. It strictly depends on your state.

    I would read the entire citation for Ohio.
  6. godaddyo

    godaddyo Well-Known Member

    Take a good look at Ohios revised code. The statute of limitations information is located under the limitations and jurisdictions sections. Judments are 21 years. Every 5 years the do become dormant like Squawk replied. There is some type of court procedure that they have to go through in order to keep it going. This state is the most creditor friendly state in the nation. Once you get knee deep in it you will become quite disgusted on how everything is written in favor of all businesses, ranging from banking institutions to your family doctor. It made me wish I lived somewhere else.
  7. godaddyo

    godaddyo Well-Known Member

    By the way if you offer them payment, they may vacate the judgement for you. Call them and find out. Of course this can only be done through are courts and you will need to get this in writing. Make sure that everthing was correct when they filed the judgement. Did you receive notice? I have filed a motion to vacate on my own and sometimes they dont even show up. You win by default..
  8. 4kristi

    4kristi Active Member

    I have not read the Ohio citation entirely but you are right it is a very anti-consumer code for sure. The length of the statute alone is similar to "Debtors Prison".

    The dormant period you mentioned is written in several state citations but I don't recall the requirements of it. Nonetheless 21 years plus a right to renew it is disgraceful. How is a person supposed to recover from past financial crisis with a system like that?
  9. godaddyo

    godaddyo Well-Known Member

    Debtors Prison is a very good play on words. I would fight these laws, but I just dont see how anyone could win against all that big big business here in Ohio that are helping make the laws. These are the same special interest groups who helped implement the FTC laws in regards to the FCRA, FCDPA and the FCBA. How can the consumer win in a setting that is lobbied by the big business unlike no other state..??.
  10. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Perhaps the following can help resolve the 21 year issue?
  11. Squawk1200

    Squawk1200 Well-Known Member

    Yes, that is the statute I was referring to, allong with this one:

    Or, as Ohio's Ninth District Court of Appeals recently put it:
  12. Nick'sMom

    Nick'sMom Member

    Thanks for all the help everyone! Breeze's link was very helpful!! Looks to me like being in Ohio and having bad debts could be more of a nightmare than in some other states with shorter statue of limitation laws!

    Thanks again!

    Nick's Mom

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