Answers
Credit card debt is more than 6 1/2 years old (no payments & no charges). Being sued in court. Other Atty said I owe this forever. Attys. I tried to have represent me said, Internet & Suze Orman do not prove law - even though I gave specific Ohio Revised Code Nos.
I have no money for an atty anyway - if I did, I'd use it to settle debts.
OR: Any Atty want to help me?
Grace,
I'm still looking.
Take a look at this site....It pretty much confirms what I said before. Ohio law is vague, and doesn't really say what credit card debt falls into.
Just curious, have you sent a letter to the collection attorney requesting that he "validate" the debt yet?
Lemme tell you something about Collection Attorneys. I've dealt with a few, and there is a clear pattern.
-They are usually young, right out of college and just got their bar licenses (barely)
-They tried to get into a legitimate law practice, but due to poor transcripts and low bar scores, they are told to "go away and come back when you get some experience".
-They try their hand at PI (Personal Injury) law, chasing ambulances and bothering insurance companies. After a year of this, they realize that PI work demands an expertise in negotiations. You are trying not to get it into court, where you have to face some high-paid insurance lawyers, and cases can drag on your years. And in many cases you are working on a "don't win, don't pay" basis. Since Collection Attornies don't have a clue how to negotiate, other then "pay up or else", they must move on.
-They try their hand at public defending, but that doesn't pay much.
-Collection work! That's the ticket! In most cases the companies are handing them cases that are a lock, and all they need is for someone to file, appear in court, and do some basic investigative work. Experience in repo work preferred.
I know there are Collection Attorneys reading this forum....how close am I to the truth??????
Keep in touch, Grace.
Suze Orman gives excellent tips on how to settle up with credit card companies. Ms. Orman is NOT affiliated with Eltman, Eltman and Cooper - she ...
Where is the difinitive PROOF that Ohio Revised Code is 6 years for a credit card debt collection? Other Atty says credit cards are written contracts - 15 years. Judge says he is unfamiliar with any limit. HELP!! I have some ORC numbers, but cannot get clear where credit cards are considered NOT written contracts. The judge already told me Suze Orman is not an Atty and he cannot take her word for it - I already gave him copies of everything I could find that showed 6 years for Ohio, but he won't accept anything that isn't law in Ohio with the appropriate code numbers or cases that prove this law. Anyone with advice or clear law proving SOL exists for 6 years, please advise.
Law Library said they could not find any clear law and only one case that even mentioned an SOL - but that case did not define the SOL because it was not pivotal to their case.
Visit Creditboards.com or creditnet.com. Lots of helpful people there that might be able to point you in the right direction.
Good luck!
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Credit card debt has not been collected or paid in more than 6 years. (House foreclosed, car repo-ed, earning less than $19,000 year with 4 dependants. Get the idea.) Collection Atty. and Judge want PROOF credit card statute of limitations for debt collection is 6 years. Where specifically does Ohio Revised Code say credit cards are different from ORC 2305.06 for written contracts. I found ORC 2305.07, but it does not provide detail for credit cards being included in this category. Does ORC 1335.02 define it or refer to something else? I cannot find an attorney who knows this to be a law. I cannot afford one to "research it and get back to" me. The Collection Atty. and Judge said "Suze Orman is NOT an Attorney" and can not take her word on this matter. I would appreciate ALL info and suggestions to resolve this.
Did you ACTUALLY talk to a District Court Judge?
I see what you mean. Here are the ORC's you refer to:
2305.06 Contract in writing.
Except as provided in sections 126.301 [126.30.1] and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen years after the cause thereof accrued.
2305.07. Contracts not in writing; statutory liabilities generally.
Except as provided in sections 126.301 [126.30.1] 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.
The problem is this...When you place a credit card charge, and do not sign anything (internet, phone, etc...), is it an oral or written purchase?
Because of this vagueness, many states consider credit card's as an Oral contract. Therefore, you would have an SOL of 6 years.
If the creditor can show it's a written contract, your SOL is 15 years.
The Judge can/will not give you legal advice.
The Collection Atty is going to tell you whatever is going to scare you into paying the bill.
There HAS to be some prior caselaw in Ohio where this type of suit was decided on. I refuse to believe nobody has challenged this in Ohio, and I do not believe local attorneys can't quickly locate case law on this.
My opinion...find a lawyer who can give you some advice. I'm amazed that no lawyer in your area is familiar with this.
If the debt is large (over $1000) then they may sue you. If not, I will bet they will just write it off and mess up your credit. Personally I would gamble.
Either way, it's NOT your responsibility to prove you DON'T owe it! It's THEIR responsibility to show you have a legal obligation. Use the argument that you have an Oral contract, and let them prove otherwise. Make them produce in writing every single charge you owe.
Good luck.
I have asked my dad for help and he will. Should I try to get one big loan and pay extra or should I do debt consolidation with a credit counseling service. I am not late. I have good credit. My debt/income ratio in not good. I make about 60,000.00 a year. I have destroyed my credit cards. Please help. Worried
With those figures, your best bet is probably to set up an appointment with a credit counseling agency or financial advisor and they will be better suited to advise you as to the variety of plans available to you both "in" your area and "for" your financial situation. Have your dad go w/you for personal support. You may be able to get out of the hole you're in WITHOUT digging a deeper one.
In the meantime.....
**Destroyed the cards? GREAT start!!!
You can also take better control of the other expenses that nip at you month to month by...
*get a cheaper cell phone plan-maybe even a prepaid one (you control your spending better that way)
*If you have the "full deal" cable tv service...cut it down to basic for a while till things iron out, you can always re-upgrade later.
*If you have ALL the extras on your home phone, get rid of it all and keep just basic service and MAYBE the caller id. Pick up a cheap answering machine for a one time expense rather than have the voice mail that you pay monthly for.
*Any other "installment" plans that you have PAY BEFORE THE DUE DATE! You'd be AMAZED at how much more will go to the principal instead of the interest.
*If you have "high-end" internet, cut down to basic for a while...that too can be re-upgraded later.
There are ALOT of little ways that you can cut down on some of the "over-head" while you get things straight. And you'd be surprised what you discover you can live without, You may end up realizing just how much and wonder why you were wasting so much money!
GOOD LUCK!
of my debt is hospital bills and one credit card thats maxed out that i owe on and an apartment complex I owe charges from.
Just make your payments on-time! That is the best thing you can do. Also, try to keep your balances low. Closing open credit doesn't really help much. If you keep an open account, but don't use it, it looks good to creditors.
So, just make payments, make payments & keep them on time....
Buy Cheap
Suze Orman Jumps Aboard the “Pay With Cash” Bandwagon
This article is by staff writer Adam Baker. Baker recently listed the Top 10 Money Movies of the Decade . For years now, Dave Ramsey has recommended ditching credit cards and paying with cash. (Specifically, Ramsey advocates the use of an envelope budgeting system .) In fact, this anti-credit card stance is one of the biggest problems critics have with his philosophy; they often point out that “responsible” credit card use would yield a higher credit score. But it looks like Dave Ramsey has some new company in the Cash Only camp. According to a recent MSN Smart Spending article , money guru Suze Orman is the latest proponent of paying for purchases with cash: On her Saturday night show on CNBC, she asked viewers to join her in a Back to Cash movement. “Let’s go back to the good old days,” she said. “Let’s go back to the times when you literally paid cash for everything. That’s right. Cash. Stop using your credit cards altogether.” Here’s Suze’s brief call-out on video courtesy of CNBC : Why the change of heart for Orman? Orman’s new movement is apparently in response to the increase of aggressive tactics by the credit-card industry. As the deadline for the new credit-card legislation draws closer, credit-card companies are looking for ways to make up for the projected loss in revenue. This includes steps like drastically increasing the interest rate on even cardholders who’ve always paid on time, and continuing to close accounts of select consumers with low balances or periods of inactivity. For example, my mother has had several cards close her account after only a couple months of inactivity, despite the fact she’s been a long-time member customer. Recently, I’ve also fielded calls from two close friends who’ve had rate increases without any default. (In one of these cases, my friend called for a decrease and they actually responded with an increase!) Apparently, the changes have hit close to Orman, as well. I didn’t catch her announcement over the weekend, but the same MSN Smart Spending article points out that she used her own show director’s wife as an example. Citibank had recently sent her a letter raising her rate to 29.9%, despite the fact she’d never missed a payment. Why we chose to live without credit cards It’s been almost two years since Courtney and I made the decision to ditch our credit cards for purchases. Last December, we finally paid off and canceled the last one. In order to make the decision , we employed the Ben Franklin method: We simply created a list of the advantages and disadvantages. Our list of advantages for cash over credit : Increased attachment to spending Tangible budgeting Simplified financial accounts Avoid unexpected fees and changes of services Lower risk of identity theft Harder to slip back into cycle of debt Our list of disadvantages for cash over credit : Less convenient than swiping More work to track More risk for physical loss Harder to build credit history Forgo reward programs Select employers & insurance providers use credit scores There may be a couple that we left off, but these were the ones that we considered for our choice. Honestly, at the time, the avoid unexpected fees and changes of services didn’t carry much weight for us. Now, though, the volatility of the credit-card companies has turned it into a great side benefit. In the end, we selected the increased consciousness in our budgeting and spending, combined with a simpler financial structure. It beat out the convenience and rewards associated with credit card use by a little bit. The point isn’t to rehash the credit card vs. cash debate. We’ve been there, done that. Each person’s situation is different, and there are responsible users on both sides. Or as J.D. would say, do what works for you . However, I’m interested to hear if, like Orman, recent events have changed your perspective. Have the recent strategies of the credit-card companies changed your feelings toward using credit or cash for your purchases? — Related Articles at Get Rich Slowly: Free Downloadable Suze Orman Book from Oprah Daily Links: Money and Power Edition Like a Drug: Suze Orman on Credit Cards Daily Links: Free Downloadable Suze Orman e-Book! Suze Orman’s Ultimate Protection Portfolio (and a Do-It-Yourself Alternative)
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