Sunday, October 31, 2010

The Statute of Limitations on Debt in Ohio

The Statute of Limitations on Debt in Ohio

Anyone with debt faces the possibility of a creditor coming to collect at any time. Three sections of the Ohio Revised Code provide protection for Ohioans who have collectors calling on old debt: 1303.16, 2305.06 and 2305.07.

Written Contracts

    Ohio Revised Code Section 2305.06 states that actions on any debt incurred as part of a written contract must come within 15 years of the last activity. Section 2305.07 says that a collection upon a debt that is part of a non-written contract, such as a credit card, must come within six years.

Other Debts

    Section 1303.16 addresses other debts. Actions on debts that have a definite due date must occur within six years after that date. Collection on a debt that is payable on demand must come within six years after a payment demand is made or within 10 years after the last payment on the debt's principal or interest if no demand has been made. An action on a rejected check must be brought within three years after a demand for payment has been made.

Resetting the Clock

    Ohio Revised Code Section 2305.08 says that if a payment, or a promise to pay, is made by the individual who owes the debt, the statute of limitations can be reset.

Collection of an Expired Debt

    The Federal Trade Commission says collection of "time-barred" debts, another term for debts past the statute of limitations, is not prohibited by the federal Fair Debt Collection Practices Act. A debt collector, however, cannot threaten to sue you over an expired debt, and if you are sued, you can have the suit dismissed by informing the court that the debt is past the statute of limitations.

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