What is the law regarding time barred debt lawsuits?
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What is the law regarding time barred debt lawsuits?
A university is attempting to collect a debt that is over 10 years old. They have not made any previous attempt to contact me before. Not sure how I owe this debt since I never attended classes there. The Attorney Generals office has been offsetting my refund for 4 years with no other contact with me. I called the number on the letter this year and actually had a return message from a very nasty woman claiming that they have tried several times to clear this debt. I had my name changed 11 years ago and the name they are using is my old one. Do I have any leg to stand on as they just sent me a letter, which I have not opened? I live in OH.
Asked on January 28, 2011 under Bankruptcy Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok, you need to open the letter and you need to try and figure out what is going on here. So first let's start with the statute of limitations. You need to figure out what it is in Ohio for this matter. It would be contractual. The statute of limitations for an oral contract in Ohio is 6 years. But If you were signing an agreement to register and take classes it would be a written contract and that would be 15 years in Ohio. So if this is a valid claim they are within the necessary time frame. Now, the issue with the Attorney General's office has me concerned. So, you need to ask the University to validate the debt for you: send you a copy o the original agreement that you signed showing that you owe the debt. Prove for how long and which classes you registered for and attended. Once you have this info go and seek legal help. Good luck to you.
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