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Pre Trial Help....Cap 1...


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So I have a pre trial coming up next month and I need to fill out the Pre-Trial Memorandum. I'm not sure where to start. They provided a copy of the signed application and I stated several affirmative defenses however, the only one I feel I have a chance with is the SOL based on the original card member agreement. They tried to make it seem like my last payment was march 2006 and charge of Dec 2006. In actuality it was 2005.

So here are the questions on the Pre-Trial agreement:

*Statement of Issues, attached

*Questions of law, attached

*Exhibits laws attached

*Special damages, list attached

*Expert witnesses

*non expert witnesses

*request for view at trial

*jury demand waived

*demand jury of __ persons

*willing to try issue as liability separately

If you have any advice as to how I should answer this that would be greatly appreciated!

Thanks so much for all of your help!!!

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If you are going to go with SOL, make sure you know and understand it as it relates to your state.

Credit Info Center has a fresh article on it:

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

It looks like Ohio has 6 years on Oral and Open-Ended accounts and 15 on written and promissory.

I do not know if Ohio views SOL as procedural or substantive law. If procedural, you may be stuck with the 6 years. If substantive, they may let you bring in the SOL of the state specified in any choice of law clause in your contract.

I think Cap1 has had several cases (maybe FL) where the clause was used to bring in a shorter SOL.

In any case, I would nail these issues down before using SOL as a defense.

Notice:

I am not an attorney. I am only sharing my notes and references as part of a conversation. This research and notes are for reference on Texas consumer debt issues, not guidance on responding to legal proceedings. If you are going before a court, get the counsel of an attorney.

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I have been researching SOL issues of my own and just happened to see a few things that might relate:

  • Ohio may have a “borrowing statute” law on the books that allows you to use the shorter SOL from a previous state.
  • Ohio may also have a provision for dealing with choice of law provisions.

You might want to look for Ohio CC cases dealing with those matters as SOL would probably come into play.

Notice:

I am not an attorney. I am only sharing my notes and references as part of a conversation. This research and notes are for reference on Texas consumer debt issues, not guidance on responding to legal proceedings. If you are going before a court, get the counsel of an attorney.

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IF (Big If) Ohio has a borrowing statute AND is a 'choice of law' state, you need to assert SOL of 3 years, which is in the Crap One member agreement.

Do a search on that here and there should be more info....

Ohio, tho, is not normally what you would consider a consumer-friendly state

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Here is were I saw the "Borrowing Statute" cites and notes:

http://www.expertlaw.com/forums/showthread.php?t=41011

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=278292

Here is the choice of law provision:

http://codes.ohio.gov/orc/1304.85

Do a search on Google for Asset Acceptance Corp. v. Proctor Ohio and you should get a fair number of hits related to your case.

Good luck!

Notice:

I am not an attorney. I am only sharing my notes and references as part of a conversation. This research and notes are for reference on Texas consumer debt issues, not guidance on responding to legal proceedings. If you are going before a court, get the counsel of an attorney.

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