Re: Ohio SOL for Credit Card Debts

Posted by lawguy (68.119.155.69) on March 24, 2003 at 19:45:41:

In Reply to: Re: Ohio SOL for Credit Card Debts posted by Why Chat on March 24, 2003 at 18:00:25:

I am being logical. You are ignoring the plain language of the statutes.

You admit that credit card agreements are contracts.

I quote the statute as posted on YOUR website:

"An action for any of the following causes shall be brought within four years after the cause thereof accrued:

(D) For an injury to the rights of the plaintiff NOT ARISING ON CONTRACT nor enumerated in sections 2305.10 to 2305.12, 2305.14 and 1304.35 of the Revised Code." (emphasis added)

CLEARLY this statute does not apply to credit card agreements, or any other contractual agreement.

Hence, BY PROCESS OF ELIMINATION, the applicable statute would be 2305.07 for CONTRACTS NOT IN WRITING:

"Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued."

Its really like doing math. Credit Cards (as are ALL accounts) are contractual agreements. 4 year statute does not apply to actions arising in contract. Therefore, 4 year statute does not apply to credit cards. Logical enough?

See, you have "contracts in writing" and "contracts not in writing." One or the other. Those are exhaustive categories; any type of contract will fall into one of those.

Even assuming your ridiculous assertion that TILA definitions apply to state procedural laws, which you have yet to cite ANY authority even SUGGESTING as much (aside from yourself), the result is the same. Open accounts are based in contract. Hence, either 6 year or 15 year SOL. QED.

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