Can I be sued on a old collection?

[Anonymous]

I have an Medical collection that is 6 year old now.  I owe $1400 and was hoping to do a PFD and offer $1000.  I know the SOL in OHIO is 15 years,  but I was wondering if I started to talk to this CA and can not come to an agreement,  will I run the risk of them suing me to get there money. Right now they are quit and only reporting it on my CR.  I know in Ohio there is a SOL of 2 year if you are in a car accident to sue, but what about an old debt. The medical debt is in writing.

[Anonymous]

You have waited 6 years why not wait 1 more, unless you are trying to buy something big. Do not wake sleeping dogs, especially if they are quite.

If you do decide to PFD, I say offer 700.

[SmartCookie]

You can be sued for this in 30 years... but if it is past SOL and you let a judge know that, they can't win.

Before dealing with the CA, double check with the OC to see if they own the debt.  PFD with them if you do.  DV the CA before you PFD them.

Considering the lengthy debt collecting SOL in your state, I would advise you to consult an attorney.  Possibly, though there is a written contract... this may be considered goods and services.  Also, I think Ohio has some revisions in their SOL... so if I was trying to verify it, I would be reading it directly from the source.

But don't jump ahead to far, check with the OC first to double check who you will be dealing with.

[Anonymous]

Oh wow. I just noticed that said 15 years, and not 5. I say PFD. Offer half of the amount and they should not be able to sue since you and the company will come to an agreement.

[JeffWeico]

One IMPORTANT thing to keep in mind is... The Statute of limitations - I have a hard time believing it is 15 years...

Call a legal clinic, or a consumer rights attorney and find out for sure what the statute of limitations is (the question is a simple one, and can be easily answered by phone).

My guess is that the SOL has EXPIRED. If this is the case, and you are sued, you MUST APPEAR IN COURT! The judge will NOT dismiss the case based on the SOL unless you appear and raise the objection!

When suing for delinquent debt, 95% of the time, the debtor does not show up on the court date. Creditors KNOW THIS, and will routinely file suits that are outside of the SOL. They know that 95%+ of the time, they will obtain a DEFAULT JUDGMENT, which is every bit as valid as a regular judgment.

If you (or an attorney representing you) is not present, the judge will assume that you acknowledge the debt, and grant a default judgment to the creditor. The judge will NOT evaluate the case on its merits. They will assume that the creditor has taken all the appropriate steps and is in compliance with the law.

If people would JUST SHOW UP, judgments granted would be far fewer in number.

GOOD LUCK!

Jeff