Legal Question in Credit and Debt Law in Ohio
I have been trying to find a definitive answer about the Ohio statute of limitation on credit card debt.
I have seen information on many websites about this, and some have said it is definitely 6 years, which means that it would be covered under one of these Ohio Revised codes:
Written or oral account: 6 years, (O.R.C. �2305.07).
Oral ontract: 6 years (O.R.C. �2305.07).
Note payable at a definite time: 6 years, (O.R.C. � 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. �1303.16(B)).
I would assume that it would be Written or oral account: 6 years, (O.R.C. �2305.07), since it is an account, but from some things I have read it seems the law many be a bit murky on this.
Some things I have read on the internet have said that it the case is taken to court, the statute of limitations applied can vary depending on the judge for the case, and that the judge sometimes asks for the specific law which shows that the statute of limitations is 6 years, or they ask for specific court rulings which have used the 6 year limit.
I am approaching the 6 year limit on my debts, so I would definitely be better off not filing bankruptcy, but I feel like I am on my own in this. I need some information which will stand up in court if I don't file bankruptcy and any of my creditors would take me to court later to attempt to collect the debt. If you could give me information which will stand up in court to support the 6 year limit, then I could give this information to an attorney if I am taken to court, and that would give them a strong basis for my defense.
I desperately hope you can help me with this. I have no where else to turn.
1 Answer from Attorneys
The statute of limitations for credit card debt is 8 years (ORC 2305.06). This was recently changed - it used to be 15 years! The title of 2305.06 is "Contract in writing." A credit card agreement is a contract in writing.
The title of 2305.07 is "Contract not in writing." Not sure why you think it's a written or oral account. This section is for oral agreements.
1303.16 addresses promissory notes. A credit card agreement is not a promissory note.
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