I have no money for an atty anyway - if I did, I'd use it to settle debts.
OR: Any Atty want to help me?Anybody in Ohio win a credit card debt statute of limitations case?
Grace,
I'm still looking.
Take a look at this site....It pretty much confirms what I said before. Ohio law is vague, and doesn't really say what credit card debt falls into.
Just curious, have you sent a letter to the collection attorney requesting that he ';validate'; the debt yet?
Lemme tell you something about Collection Attorneys. I've dealt with a few, and there is a clear pattern.
-They are usually young, right out of college and just got their bar licenses (barely)
-They tried to get into a legitimate law practice, but due to poor transcripts and low bar scores, they are told to ';go away and come back when you get some experience';.
-They try their hand at PI (Personal Injury) law, chasing ambulances and bothering insurance companies. After a year of this, they realize that PI work demands an expertise in negotiations. You are trying not to get it into court, where you have to face some high-paid insurance lawyers, and cases can drag on your years. And in many cases you are working on a ';don't win, don't pay'; basis. Since Collection Attornies don't have a clue how to negotiate, other then ';pay up or else';, they must move on.
-They try their hand at public defending, but that doesn't pay much.
-Collection work! That's the ticket! In most cases the companies are handing them cases that are a lock, and all they need is for someone to file, appear in court, and do some basic investigative work. Experience in repo work preferred.
I know there are Collection Attorneys reading this forum....how close am I to the truth??????
Keep in touch, Grace.Anybody in Ohio win a credit card debt statute of limitations case?
http://whychat.5u.com/States/s鈥?/a>
This link might(?) be some help. If you see it, and it's not to late.
P.S. nice answer Studly - as usual
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Credit card companies are suing like crazy these days because of the new bankruptcy law in their favor.
You can be sued and a judgement will hold over you. If you sell anything of title like a house or car and money made from it will go to the suit for 7 years. In some states after they win a judgement against you they can file for lien on your bank account. Once they find your account they can lien against for 4 years and that is it.
However judgements of personal debts and debts can not be owed past 7 years per federal law. No state can legislate beyond that period of time, they can only shorten it for people in their state. If the debt is 6 1/2 years since you paid anything on it, even if they sue you it will only be valid for 6 more months. It is not based on what they do but when you last paid. Read the Fair Debt Collection Practices Act. Talk to a credit attorney.
Some states have laws that can reposses items for judgements, some have property codes protecting people.
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