Ohio Statue Of Limitation - Credit Card Debt Collection

[Ail]

What is the time limit for a collection company to bring suit in municipal court for a credit card debt from 1996?  We have been recieving calls and letters from a debt collector for about three months.  They claim that they are going to place a lien on our home if we do not pay the debt.  My husband sent a certified letter to the collection company requesting proof of the debt, but no response has been received.  However, we recieved a certified letter today from our local courts.  

[Bosworth]

Hello Charles, Thanks for posting your question on this forum.

It looks to me like you are dealing with a debt collection agency that has bought OUT OF STATUTE PAPER.  What that means is that some collection agency or attorney has purchased your original debt that was due in a bulk sale called a portfolio.

Most of the time these accounts are so old that they can not even be reported on your credit report.

Well, that is exactly what is happening to you.

The account that the company is attempting from is OLD.  They are prohibited by the terms of the Fair Credit Reporting Act to add it to your credit report.

So the only option that they have is to sue you, IF the statute of limitations has not passed.

Here is a good link to review all of the statutes in all 50 States on the limitations:http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

In Ohio, you will notice that the Statute for an Open Ended Account(Which is what a credit card falls under is only six years)

So, based upon this, here is what I want you to do.

1.  Send another certified letter to this debt collection company and the court that sent you the letter demanding that they produce all of the original MEDIA on the file. That means that you want each and every statement and each and every charge slip. They are REQUIRED to provide this to you.

Once you send this demand letter to the agency, they will realize that you understand that this account is out of statute and that their threats are not only immoral but ILLEGAL, as they CAN NOT LIEN YOUR HOME without a court judgment, and the debt is out of statute so there will be no order.

2. Send a copy of this letter to the collection agency and demand that they provide you with a letter declaring that the account be closed.

If they still call you and play the threatening game, record the calls and get the tapes to me and we will post them on our site and you will probably have an FDCPA claim for 10K for EACH CALL THEY MAKE TO YOU.

Charles, thank you for taking the time to write to me.  I am here if you need anything!

Have a Great Day!

Robert Paisola

CEO

Western Capital Financial Services

ABOUT YOUR AUTHOR:

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