Re: Ohio SOL for Credit Card Debts

Posted by lawguy (68.119.155.69) on March 24, 2003 at 20:37:46:

In Reply to: Re: Ohio SOL for Credit Card Debts posted by Why Chat on March 24, 2003 at 20:04:40:

I would OBVIOUSLY agree with the Ohio courts and place ORAL CONTRACTS under the 6 year statute for CONTRACTS NOT IN WRITING:

CULP v. LANCASTER, 779 N.E.2d 827, (Ohio.App. 10 Dist 2002)

ALUMINUM LINE PRODUCTS CO. v. BRAD SMITH ROOFING CO., 109 Ohio App.3d 246 (Ohio.App. 8 Dist 1996)

KOTYK v. REBOVICH, 87 Ohio App.3d 116 (Ohio.App. 8 dist 1993) ("Any failure to perform a contractual duty which has arisen constitutes a breach. Restatement of the Law 2d, Contracts (1978), Section 235(2). The statute of limitations on an oral contract abides for six years. R.C. 2305.07.")

MINES v. PHILIPS, 37 Ohio App.3d 121 (Ohio App. 11 Dist 1987)

FIRST NAT'L SECURITIES CORP. v. HOTT, 162 Ohio St. 258 (Ohio 1967).

Theres about 40 more cases on this if you want them, or if you would get around to looking these things up yourself...

And since, according to "whychat," the SAME phraseology applies to open account credit cards, I think I will abide by my earlier interpretation.

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