security614 Posted January 18, 2012 Report Share Posted January 18, 2012 (edited) getting those annoying phone calls from potfolio, they were using their number but switched to a phone number that was unidentified before my wife answered.I have not returned their call, nor do I intend to. This is not my first go around with the JDBs, but my 3rd. 1st time I was scared into a settlement, 2nd time I found this site and was able to defeat Asset Accept. with a certified copy of a C&D along with the so called DV crap they sent to the AG of both Ohio and Mich. This worked quite well. They dismissed with prejudice a week before the court date and closed 2 accounts that they were trying to collect on. Now comes the 3rd. Porfolio Recovery collecting on a charged off 10yr. old Cap one acct. How do I stop the crap before it gets started? Edited January 18, 2012 by security614 Link to comment Share on other sites More sharing options...
JeeperInAZ Posted January 18, 2012 Report Share Posted January 18, 2012 10 year old? What is the SOL in Ohio? Link to comment Share on other sites More sharing options...
security614 Posted January 18, 2012 Author Report Share Posted January 18, 2012 Thats a sticky one. If it goes as far as court, it's Ohio law. I am actually already well ahead of the game, I saved all my research, answers, defenses, motions to strike etc from the 2nd one that never made it to court. hoping to do the same with the 3rd. Link to comment Share on other sites More sharing options...
Torden Posted January 19, 2012 Report Share Posted January 19, 2012 10 year old? What is the SOL in Ohio?20 years if the plaintiff has the original written and signed contract. I've heard of (but not literally seen) case law supporting interpretation there that if the complaint is based on the original written contract, then it falls under contract law, even though the charges were all revolving charges and no money was handed out at the time of the contract. I have heard one person suggest that a usable defense is that the original credit limit at the time of the written contract places a ceiling on a written contract complaint. Sorry, but my information sources on this are hearsay (and scattered). So if you need accurate information, contact an Ohio attorney, or see if someone from there can reply.My interpretation of what I have heard is that an "account stated" case would be 6 years. Link to comment Share on other sites More sharing options...
Hannibal Posted January 19, 2012 Report Share Posted January 19, 2012 I would ignore all phone calls, say nothing. Send them a Cease and Desist letter or Just wait till you get a notice from them and respond promptly with a letter of Debt Validation by certified mail. Link to comment Share on other sites More sharing options...
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