Legal Question in Credit and Debt Law in Ohio

Collection of Old Student Loan

A creditor can still pursue debts upon which the statute of limitations has run and sue the obligated party in court. If the statute of limitations is not raised as an affirmative defense in an answer contesting the lawsuit (and successfully raised again later in front of the judge), the creditor can still win an enforceable judgment against the debtor. In order words, if the debtor does not fight the lawsuit, the creditor wins by default (similar to all other civil lawsuits in that regard). Additionally, if you fight such a lawsuit, the creditor has the burden of proving their claim. If they cannot prove it due to all records being destroyed, you should win, provided that your lawyer properly preserves all your rights.