What is the Statute of Limitations for credit card debt in Ohio?

Question

Let me preface this with the fact that I am well aware of the 6 year SOL for non-written agreements and 15 year SOL for written agreements. However, I have heard that Ohio specifically excludes credit card agreements from the 15 year SOL for written agreenments, calling it instead an "open account" and applying a different, 4 year SOL. I need help finding information about this 4 year SOL. Does anyone know the specific Ohio code for this? Case law? Thanks!

Answer 1

Monique B, I found a nice online list of Ohio credit card resources. http://www.howtofindcreditcard.com/Ohio-... Try calling a nearby company and they can answer your questions.

Answer 2

The link below has all the info you need...check it out.

http://whychat.5u.com/States/state-oh.ht...

Don't forget to give the site's webmaster a huge thank you...this site is awesome!

Answer 3

The SOL for credit card debt in Ohio is in fact 4 years, however there is a caveat.

If a credit card company gets a court judgement against you for failure to pay within the 4 year SOL,  then the SOL is no longer in effect. They may then attempt to collect, or sell the debt to another party for collection.

That does not mean that you have to pay, as it is an unsecured debt, and they can not lien your property. However the debt will remain active for as long as you do not pay, or file for bk protection, and have it discharged.

Answer 4

Studly posted an excellent link.

Direct case law is hard to find for Ohio (that says a credit card account is not a contract in writing) but there is a link to case law that indirectly covers it on that page Studly linked.

While on that page, click on the link at the bottom and go to the home page. Then click on the link titled "How to answer a lawsuit past SOL".

Along with the info found on the link Studly posted, it should help while writing up your SOL defense.

The site and everything on it is free to use.

Answer 5

It is 4 years on open accounts in Ohio.

I posted a link so you can look it up yourself.