Where is proof credit card debt cannot be collected after 6 years? ORC has 15 or 6. PROOF needed for

Credit card debt has not been collected or paid in more than 6 years. (House foreclosed, car repo-ed, earning less than $19,000 year with 4 dependants. Get the idea.) Collection Atty. and Judge want PROOF credit card statute of limitations for debt collection is 6 years. Where specifically does Ohio Revised Code say credit cards are different from ORC 2305.06 for written contracts. I found ORC 2305.07, but it does not provide detail for credit cards being included in this category. Does ORC 1335.02 define it or refer to something else? I cannot find an attorney who knows this to be a law. I cannot afford one to %26quot;research it and get back to%26quot; me. The Collection Atty. and Judge said %26quot;Suze Orman is NOT an Attorney%26quot; and can not take her word on this matter. I would appreciate ALL info and suggestions to resolve this.

Where is proof credit card debt cannot be collected after 6 years? ORC has 15 or 6. PROOF needed for Judge.?

Did you ACTUALLY talk to a District Court Judge?

I see what you mean. Here are the ORC%26#039;s you refer to:

2305.06 Contract in writing.

Except as provided in sections 126.301 [126.30.1] 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.

2305.07. Contracts not in writing; statutory liabilities generally.

Except as provided in sections 126.301 [126.30.1] 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.

The problem is this...When you place a credit card charge, and do not sign anything (internet, phone, etc...), is it an oral or written purchase?

Because of this vagueness, many states consider credit card%26#039;s as an Oral contract. Therefore, you would have an SOL of 6 years.

If the creditor can show it%26#039;s a written contract, your SOL is 15 years.

The Judge can/will not give you legal advice.

The Collection Atty is going to tell you whatever is going to scare you into paying the bill.

There HAS to be some prior caselaw in Ohio where this type of suit was decided on. I refuse to believe nobody has challenged this in Ohio, and I do not believe local attorneys can%26#039;t quickly locate case law on this.

My opinion...find a lawyer who can give you some advice. I%26#039;m amazed that no lawyer in your area is familiar with this.

If the debt is large (over $1000) then they may sue you. If not, I will bet they will just write it off and mess up your credit. Personally I would gamble.

Either way, it%26#039;s NOT your responsibility to prove you DON%26#039;T owe it! It%26#039;s THEIR responsibility to show you have a legal obligation. Use the argument that you have an Oral contract, and let them prove otherwise. Make them produce in writing every single charge you owe.

Good luck.

Where is proof credit card debt cannot be collected after 6 years? ORC has 15 or 6. PROOF needed for Judge.?

You can visit http://www.debteraserzone.com and find very useful tips and several articles on credit card related matters. Report It

Where is proof credit card debt cannot be collected after 6 years? ORC has 15 or 6. PROOF needed for Judge.?

I don%26#039;t live in Ohio and I%26#039;m not sure about the specifics the laws in that state.

When you say the judge, have you been served with a civil suit and summoned to court or is the %26quot;collection attorney%26quot; just threatening you?

If you are being contacted by any Collection Agency(CA) for ANY debt then they must follow the Fair Debt Collection Practices Act (FDCPA)see link below. Because of this law you are granted certain rights once is which is to request %26quot;validation%26quot; of the debt. That means they must provide original statements, invoices, bills, etc. that prove the debt. They also must do this in a 30 day period.

If this is your situation send them a letter requesting the debt to be validated.

Good Luck