Debt Collection in Ohio

[ThomPaine]

A friend of mine asked me to look at some letters that he has received recently about an old debt when he lived in Ohio. He lives in Georgia now and has for about 6-7 years. Apparently this has been bought recently as he has received several letters and one phone call, all from different parties, collectors, law firms, etc.

I have done one VOD for him already, but if these are going to keep coming in, I hesitate to write a separate VOD for each one, as many people could be trying to collect this.

The debt is bogus, as it was a company car and when he left the company he turned it in. Their name was on it and a bank in OH is now trying to say that he owes fees, etc. There was a suit back in 99 and he says that he was never noticed about an appearance or a judgement. The docs sent to him show that a default judgement was entered against him, but again he was never notified to appear or of the results of the case.

A motion has been filed (revivor) to basically resurrect this case and try to collect on it.

I have drafted another VOD and sent it to the atty for the bank. My friend got a certified letter a few days ago, saying that he had to respond to the atty and the court (Franklin County) within 28 days or they would re-open the case automatically.

I have research SOL for Ohio and they are quite confusing. So if anyone has any ideas, I would greatly appreciate it.

(continued below)

[ThomPaine]

Written or oral account: 6 years, (O.R.C. §2305.07).

Written contract: 15 years, (O.R.C. §2305.06).

Oral contract: 6 years (O.R.C. §2305.07).

Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).

Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that
time (O.R.C. §1303.16(B)).

Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).

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From above written contract says 15 years, which obviously has not expired yet, and I cant really find anything that further defines that or compares it to the other categories. To me, all of the other categories could fit into the written contract category so how do you determine what is what?? The car was leased if that matters.

In my other research I found the following, not exactly the same, but close:

http://en.allexperts.com/q/Collectio...n-Question.htm

http://www.lawdog.com/states/oh/judm.htm

and this says installment contract six years:

http://ficoforums.myfico.com/fico/bo... ery.id=60474

thanks in advance,

Thom

[ThomPaine]

Bueller? Frye??