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help needed to stop before it starts


security614
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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 by security614
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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.

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