Does anyone know for sure what the SOL for credit cards is in Ohio? I've heard 15 years and I've heard 4 years. I've been searching but have been unable to find out anything. I was hoping to find somewhere that specifically states credit cards and the SOL. Thanks!
Thanks, but I've checked here before and what they show for Ohio is 6 yrs on Oral 15 yrs on written contract and promissory notes and a "-" under Open. I'm not sure which, if any of these, Ohio puts credit cards under.
I hope that's what Ohio considers them. I did follow a link that someone posted to the site of a collection agency that had some SOLs and other info listed and they did say 4 yrs for open accounts in Ohio. Unfortunately, credit cards were not specifically mentioned. I need to find out for sure in case I need to use that against a CA on an credit card that was defaulted on almost 4 yrs ago.
Jade, This is the website for the Ohio Revised Code, CHAPTER 2305: JURISDICTION; LIMITATION OF ACTIONS http://onlinedocs.andersonpublishin...ON OF ACTIONS&GRStructure1=2305&GRStructure2= I've been reading up and can't find it in here, just the 6 oral and 15 written.
http://www.faircreditmovement.org/statutes.htm This site states that it is 6. FYI- This is a REALLY good site. It has a ton of good sample letters and is filled with good info.
I got the validation letter I used from this site, but somehow, didn't run across this page. I got an email from someone who said he had read all the case laws he could find and it appears that the SOL is 4 years on open accounts, which credit cards are usually considered. He mentioned something about the Ohio Statute being brought into compliance with the UCC and the UCC SOL on open accounts (which are covered as "other" in Ohio) is 4 years. I hope he's right on that.
That's the problem with Ohio law and website interpretations - one site says 6 another says 4 several say 15. I say, better safe than sorry. We still need an Ohio attorney
I have been corresponding via email with someone from another message board about this topic, and here is his explanation. After reading the Ohio State Bar website, I will have to say that it appears that credit card transaction fall into the same category as other "sales contracts" and are thus subject to the 4 year SOL, rather than the 15. Here is the text of his letter: I would add that one cannot post legal questions to the OSB website, but you can go read for yourself and see what you think - it's here http://www.ohiobar.org/conres/lawandyou/part7.asp I have always advised folks that if you cannot find the direct statement that credit cards are open accounts, assume they are written. This is not an area where you want to assume anything. Always find out for sure.
From what I have read, I determined that Ohio Law does not recongize credit cards as open accounts. I spoke to an attorney at the prosecutors office in Montgomery County (who also represents consumers and creditors/collectors_ and I was told that they are considered written contracts. I have also heard the argument regarding how Ohio law mirrors that of Federal law on this matter. I did see specific statutes that cover what is considered a written contract and what is considered an open account in Ohio. If you look closely at the law you will also see where the discrepency lies. A good attorney could argue it either way.. If I get time I will pull up what I studied before. It is all located under Ohio revised code as posted by Breeze....
ohio Revised Code section 2305.07 Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ohio Revised Code section 2305.06 Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen years after the cause thereof accrued/ -------------------------------------------------------------------------------- Have a go at it!! Ask an attorney or the Attorney Generals office...
http://www.ohiobar.org/conres/lawandyou/part7.asp I have always advised folks that if you cannot find the direct statement that credit cards are open accounts, assume they are written. This is not an area where you want to assume anything. Always find out for sure. [/B][/QUOTE] I read through it and I'm still confused. It's like they don't WANT you to know what the laws are. Funny thing is, it basically says that credit cards are revolving charge accounts, and that late payment charges can not be assessed on a revolving charge account....Gee, that's funny....any credit card payment that's been late that I know of always has late charges on it....
Jade, I gotta agree with you on that. There are a lot of states just like Ohio - they don't tell you outright. Many other states specifically list credit cards with open accounts or with written accounts, so that you know right away.
There might be, but as far as I know, no one has run across it yet....may be time to start digging and see if anyone can find anything out.
that is a good question... From Allied Indus. Serv. v. Kasle Iron & Metals, Inc., 62 Ohio App.2d 144, 16 O.O.3d 303, 405 N.E.2d 307 (1977):"[W]e adopt the following approach developed in a case such as one before us which involves a mixed goods and services contract: the test for the inclusion in or the exclusion from sales provisions is whether the predominant factor and purpose of the contract is the rendition of service, with goods incidentally involved, or whether the contract is for the sale of goods, with labor incidentally involved-------------------- -------------------------------------------------------------------------------- From Mitchell v. Speedy-Car-X, Inc., 712 N.E.2d 768, 769 (Ohio Dist. Ct. App. 1998): Where a contract is for the sale of goods, R.C. Chapter 1302 (Article 2 of the Uniform Commercial Code) applies. R.C. 1302.02. The applicable statute of limitations for breach-of-contract actions, including breach-of-warranty actions, under R.C. Chapter 1302 is four years. R.C. 1302.98. However, "[w]hen the transaction relates primarily to services, an incidental sale of merchandise does not make it a sales contract governed by the commercial code." Prokasy v. Pearle Vision Ctr. (1985), 27 Ohio App.3d 44, 46, 27 OBR 46, 48, 499 N.E.2d 387, 389. -------------------------------------------------------------------------------- these are some cases that Squawk had sent my way a while back. they are somewhat informative, but I am not sure if they help clarify anything beyond a sales contract or services contract. What exactly is a credit card in ohio? Is it considered a service?
