Why Chat's Credit Confusion

OHIO

OHIO STATUTE OF LIMITATIONS

Credit Card accounts 6 years*

Written contracts 8 years

Sale Of Goods or SERVICES ( INCLUDES MEDICAL DEBT) 4 years ( see UCC statutes below)

OHIO DOES HAVE A "BORROWING" STATUTE

This means that if you are paying a credit card to the lender who is domiciled in Delaware you can claim the 3 year Delaware SOL

For written accounts, the Ohio statute of limitations is 8 years (O.R.C. §2305.07).

Oral contracts and verbal agreements have a limit of 6 years (O.R.C. §2305.07).

Demand notes have a statute of limitations 6 years after the date on which the demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time period (O.R.C. §1303.16(B)).

Dishonored checks or drafts have a statute of limitations 3 years after the dishonor (O.R.C. §1303.16 (C)).

2305.08 Partial payment. If payment has been made upon any demand founded on a contract, or a written acknowledgment thereof, or a promise to pay it has been made and signed by the party to be charged, an action may be brought thereon within the time limited by sections 2305.06 and 2305.07 of the Revised Code, after such payment, acknowledgment, or promise.

This means that a payment to a Collection Agency will re-start the SOL if you have SIGNED a new agreement

AND CC EXCLUSION FROM WRITTEN CONTRACTS

§ 2305.09 Four years; certain torts.

Text of Statute

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.

OHIO UNIFORM COMMERCIAL CODE

1302.98 Statute of limitations in contracts for sale - UCC 2-725.

(A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(B) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered.

(C) Where an action commenced within the time limited by division (A) of this section is so terminated as to leave available a remedy by another action for the same breach, such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(D) This section does not alter sections 2305.15 and 2305.16 of the Revised Code on tolling of the statute of limitations, nor does it apply to causes of action which have accrued before July 1, 1962.

Effective Date: 07-01-1962

(P) "Consumer transaction" means a sale, lease, assignment, or other transfer of an item of goods, or a service, except those transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised Code, and their customers, or between attorneys or physicians and their clients or patients, to an individual for purposes that are primarily personal, family, or household. For the purposes of this chapter only, a "consumer transaction" does not include a lease-purchase agreement.

2305.03 Lapse of time a bar.

(A) Except as provided in division (B) of this section and unless a different limitation is prescribed by statute, a civil action may be commenced only within the period prescribed in sections 2305.04 to 2305.22 of the Revised Code. If interposed by proper plea by a party to an action mentioned in any of those sections, lapse of time shall be a bar to the action.

(B) No civil action that is based upon a cause of action that accrued in any other state, territory, district, or foreign jurisdiction may be commenced and maintained in this state if the period of limitation that applies to that action under the laws of that other state, territory, district, or foreign jurisdiction has expired or the period of limitation that applies to that action under the laws of this state has expired.