Has statute of limitations run out?

by Marlane
(struthers, ohio usa)

i have an old bill from a providian credit card. not sure of when i applied for it, but last activity, was 4 years and 3 months ago. I live in Ohio, so limitation statute is 4 years. I recently received a letter from office, identifying themselves as attorneys. i have 30 days to respond. I am mailing my reply next week, (within the 30 days) I don't remember alleged debt, and for them to send paper work, also showing date of last activity.

Also mentioning that my ex ran up some bills, that i was not aware of, and if this alleged debt is or is not one of them, i believe the statute of limitations for collection has ran out, therefore alleged debt is no longer collectible, did I due the correct thing?

also, can they take money out of my checking account. I live on 1200.00 per month, and my grand son lives with me.

Comments for Has statute of limitations run out?

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May 09, 2009
disputing a collection account
by: Gerri


It sounds like you correctly exercised your right to dispute the debt. If they "verify" the debt and you are confident it is too old, you can then respond with a Cease Communication letter explaining that you believe the statute of limitations has expired and asking them to stop contacting you. If the SOL has expired, that may be enough to stop them. You'll find a sample Cease Communication letter in our e-book, Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights.

If you are incorrect, they may try to sue you, at which time you can talk with a consumer law attorney.

For most types of debts - credit cards included -- they will have to take you to court first before they can go after your money in your bank account. But we can't offer legal advice on this website, so you'll want to check with your state attorney general's office or a consumer law attorney if you are worried about being sued.

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