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Help with SOL

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Anonymous
Not applicable

Help with SOL

Can someone please help me with SOL in Ohio.  I probably should be able to figure this out, but for the life of me I can't.  So, here's my question:  in Ohio, what is SOL for credit card and auto loans?  I really appreciate any and all help!  Thanks!

Message 1 of 8
7 REPLIES 7
fused
Moderator Emeritus

Re: Help with SOL

In Ohio, the SOL for a credit card is 6 years (as long as Ohio considers a CC to be an open account). Your auto loan is a promissory note, so the SOL is pretty long at 15 years. Here's a link.

 

SOL By State

 

Message 2 of 8
MarineVietVet
Moderator Emeritus

Re: Help with SOL

 


@Anonymous wrote:

Can someone please help me with SOL in Ohio.  I probably should be able to figure this out, but for the life of me I can't.  So, here's my question:  in Ohio, what is SOL for credit card and auto loans?  I really appreciate any and all help!  Thanks!


It is 6 years for CC's and 15 years for auto loans.

 

ETA: Out typed by fused!!!  Smiley Happy

 

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work


Message 3 of 8
Anonymous
Not applicable

Re: Help with SOL

Thank you so much!  I am trying to buy a house and I just received a letter today from Northland on an old Best Buy account that ex was supposed to pay (credit reporting agencies wouldnt take it off even with the Order because it was joint.  It fell off the credit report though due to age and then out of the blue got a letter today requesting a settlement for 1/2....freaked me out.  The auto loan is his (again according to pay through the divorce and didnt).  I'm pretty sure that if I got sued on that that I could just show the divorce papers and I would have to be dismissed, right?  Worried about this new collection agency hitting my report for the Best Buy that finally fell off.  I really apprecite the help!  Finally got everything to the point of clean up and this hits.......anybody know if the auto loan still shows as a charge-off if underwriter would except since I have the divorce papes to prove?

Message 4 of 8
chasmith
Valued Contributor

Re: Help with SOL

The divorce decree doesn't bind the creditors.  If they sue you, and the debt is out of SOL, they can get a judgement.  You would have to sue your ex for failing to comply with the divorce decree.  You may want to start talking to your divorce lawyer about enforcing the decree.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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Message 5 of 8
Anonymous
Not applicable

Re: Help with SOL


@Anonymous wrote:

Thank you so much!  I am trying to buy a house and I just received a letter today from Northland on an old Best Buy account that ex was supposed to pay (credit reporting agencies wouldnt take it off even with the Order because it was joint.  It fell off the credit report though due to age and then out of the blue got a letter today requesting a settlement for 1/2....freaked me out.  The auto loan is his (again according to pay through the divorce and didnt).  I'm pretty sure that if I got sued on that that I could just show the divorce papers and I would have to be dismissed, right?  Worried about this new collection agency hitting my report for the Best Buy that finally fell off.  I really apprecite the help!  Finally got everything to the point of clean up and this hits.......anybody know if the auto loan still shows as a charge-off if underwriter would except since I have the divorce papes to prove?


Unfortunately, the terms of a separation agreement or a divorce decree virtually never have an impact on the rights of pre-existing creditors unless they voluntarily so choose.

 

In cases such as yours there are generally but three options:

 

1.  Roll with the punches;

2.  Sue the ex-spouse responsible; and / or

*3.  Ask the court to enforce the terms of the divorce decree.

 

*  Item 3 is tricky because judges are generally extremely reluctant to hold a party in contempt over conditions caused by financial adversity unless it involves child support ... and even then.

 

I would consult with your divorce attorney and see what remedies he suggests.

Message 6 of 8
Anonymous
Not applicable

Re: Help with SOL

Wow, this is just plain awful!  Its only been 7 years due to come off in October for one trade line and November in the other.  I thought for sure a mortgage underwriter would accept that it is not mine if I gave a copy of the separation agreement with the docket from the court for the divorce.  Not true, or true?  I don't know.  I just assumed that would work.  I don't think I would have any luck suing the ex-spouse as he has not paid dollar #1 for child support and was recently indicted.  Trying to buy a house for my kids, and stumped again.  No way out of this??????  Now I am freaked two because with transunion it was two tradelines, so I asked that one tradeline be taken off hoping to help my score which is 631 with them.  I am now worried that doing that just brought attention to it.  Ugh!

Message 7 of 8
Anonymous
Not applicable

Re: Help with SOL


@Anonymous wrote:

Wow, this is just plain awful!  Its only been 7 years due to come off in October for one trade line and November in the other.  I thought for sure a mortgage underwriter would accept that it is not mine if I gave a copy of the separation agreement with the docket from the court for the divorce.  Not true, or true?  I don't know.  I just assumed that would work.  I don't think I would have any luck suing the ex-spouse as he has not paid dollar #1 for child support and was recently indicted.  Trying to buy a house for my kids, and stumped again.  No way out of this??????  Now I am freaked two because with transunion it was two tradelines, so I asked that one tradeline be taken off hoping to help my score which is 631 with them.  I am now worried that doing that just brought attention to it.  Ugh!


You'd have to talk with your mortgage underwriter to see how they look at things.  If the debts are past the statute of limitations and are also due to fall of in the very near future, maybe they will be understanding of your situation.

 

Indicted?  Sounds like getting blood from a turnip applies.  On the bright side, he'll probably get a prison "job" and you can have the 7 cents an hour they pay him attached for child support. 

 

Right now I think trying to convince the mortgage underwriter and / or talking to a local attorney to see if there are other options is the best route to take.  I am not sure about the effects of disputing with the credit bureaus.  Hopefully another forum member can help with that.

Message 8 of 8
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