Does anyone know the statute of limitations in Illinois and Ohio?

Question

I am recieving calls from a collection agency in Ohio, the debt is 15 years old. They called me 2 weeks ago and i have yet to recieve anything in writing from them. They called me today and i stated I have still not recieved a letter from them and they told me to become a man and pay my bills, and to stop stalling by waiting on a letter. Please help.

Answer 1

The link that the first poster shows an incorrect SOL for open (oral) accounts in Ohio. The SOL for open accounts is 4 years not 6 (§ 2305.09).

You did not mention what type of debt it is, if it is a credit card, Ohio code 1335.02 excludes credit cards as written accounts.

The collector has violated § 809.(a) [15 USC 1692g] of the FDCPA (and possibly other violations as well)
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- .........................
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#804


If the first time you have heard from this collection agency was by that phone call 2 weeks ago, send them a debt validation letter - before 30 days has passed from that contact.
Do not sign your name to the letter, only print your initials or type your name.
Send it certified mail return receipt
They MUST cease all collection activities until they validate (which could include selling the account to another collector).

If it has been that long since you defaulted, they cannot legally place it on your credit report.

If you are past the collecting SOL, after they validate or 35 days have passed since they signed the green certified card, send them a SOL letter.
A correctly worded SOL letter will keep them from contacting you again.
If you are past SOL and inform them of that fact, they will probably not sue since the judge would not look favorably on them for filing suit on a debt they know is time barred.

You might click on the last link I have listed in my profile, do some reading in the credit forum.

edit++++
While some states allow the collecting SOL to be re-set if a payment is made after the account is charged off, it is generally when a "written" agreement is made before or at the time of payment..
I would not recommend sending a full cease & desist without including the fact the account is time barred.

I wouldn't send either a SOL letter or a C&D as your first letter. I would recommend that you send a validation letter if you are still within the first 30 days from their first contact - it will keep them in validation - which would legally tie their hands until they provide proper validation. (after 15 years, it is unlikely, but not impossible, for them to be able to provide validation)

Answer 2

At this point, do one of two things, depending on your conscience. Either resolve that you will pay off the debt and work out a payment plan, or resolve that you will not pay the debt and don't pay them a penny. I say that because the statute of limitations for debt starts with your LAST PAYMENT to them. So if you had a stroke of guilt a year ago and sent them $100 so they would leave you alone for a while, your start date for the statute of limitations would be the date they received that payment. Also, in some states, if you make an oral committment to repay the debt the statute of limitations starts the day you make that oral committment.

With that in mind...here's the info you wanted:

Illinois: Statute citation 735 Ill. Comp. Stat. 5/13-201 et. seq. says that the statute of limitations for a written contract is 10 years, and for an oral contract is 5 years.

Ohio: Ohio Rev. Code Ann. § 2305.03 et. seq. says that the statute of limitations for a written contract is 15 years, and for an oral contract it's 6.

A final note - collections agencies are not allowed to harass you. Look up the Fair Debt Collections Practices Act for details. According to Suze Orman: "What you should do is write a letter telling the collection agency to stay away from you, to leave you alone, and to cease all communications with you. In this letter, inform the collection agency that under provision 15 of the U.S. Code, section 1692c, this letter constitutes your formal notice to stop all future communications with you except for the reasons specifically set forth in the federal law. "

Good luck. Get this book - it's well worth the $.

Answer 3

Follow Echo's advice.

Remember, you must ALWAYS send letters to collection agents and be sure they are by certified mail. If you try to charge them with a FDCA violation, guess what? They just say you never asked them for a letter. "By phone...no, don't even recall that conversation...."

And this is to Shelcom.....I would have send this to you by email but you set your account to refuse them. So I get to poke fun at you in public.

So tell us....with all of the sources, links, quotations of the actual laws that we have posted over the past months.........how can you sit there with a straight face and make such a moronic statement?

Look at Echo's answer.......see the quotation from the law? Right there in your face, and you ignore it. Can you explain it? Can you show is a single link or website to prove otherwise?

It's answers like yours that ruin the who Yahoo Answers forum!

Answer 4

Here's a site that you can see what all states SOL is.
http://www.fair-debt-collection.com/SOL-by-State.html

Keep this in mind - The SOL is a defense that you can use if they attempt to sue you. If they attempt to sue and the SOL has passed, you can use the SOL as a defense to prevent them from suing. BUT, this does NOT stop them from attempting to collect.
The collection agencies can attempt to collect forever.

Answer 5

Echo and Studley are right on the money!

Be sure to document, document and document everything... Dates, times and persons who contacted you. The pen is mighter than the sword and if push comes to shove, report these creeps to the FTC. You can do it online or by mail.

https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Answer 6

7 years unless it's one of those that doesn't quit-student loans? Child support? They will take from IRS returns eventually.

Answer 7

Sorry...there is no SOL on debt. That's just for criminal matters.That myth seems to be everywhere but its false.
Offer them 25 cents on the dollar to go away if you can.