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Is credit card debt considered a written contract or an open agreement in the state of ohio?
Anonymous5 views2 answers
I am researching the statute of limitations regarding an outstanding credit card debt. Card went into default in 2006 or 2007. Not even sure if the debt is mine, as no one can provide any detail, other than when the account was opened. Can I settle this just by writing a letter stating that the SOL is up?
A claim for an unpaid credit card debt is considered to be a claim for breach of a written contract. The written contract is your credit card agreement. The statute of limitations in Ohio for a claim for breach of a written contract is 15 years, so the statute of limitations is not expired. You should be careful of writing anything to them. It is possible to extend or even revive an expired statute of limitations by saying the wrong thing to a debt collector. You can extend the statute of limitations by (a) making a payment on it; (b) acknowledging the debt in writing; or (3) promising to pay it in a signed writing. The second one is what might get you in trouble. If you acknowledge the debt, but claim the statute of limitations is up, it is possible that you are extending the statute of limitations by simply acknowledging it, even though you are, at the same time, saying the statute of limitations has expired. You would be better off disputing the debt, and asking them to show proof that it is your credit card account.
