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In need of help.... Business Debt, Collections

Discussion in 'Other Debt, Collection, Garnishment' started by zappa1972, Jan 31, 2014.

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  1. zappa1972

    zappa1972 Law Topic Starter New Member

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    I live in ohio. In 2004 a woman I knew wrote me 2 checks for $1500 each. I went to the bank and deposited those checks. I then waited for the funds to become available in my account. I then walked in the bank in person and withdrew the funds from my account. I later received a notice that my account was overdrawn by $3000.00 of which I could not pay back. I had not heard anything about this debt in a long time and now a collector is calling me trying to collect. They are telling me the debt is now over $8k. On the phone I acknowledged receiving the money but not the debt. I feel that it was the banks error and that I do not owe the money and they should be going after the person who wrote the checks in the first place since they are the ones that committed fraud. Could you please advise me. My girlfriend and myself both used to work at a bank, after this occurrence, and both of our understanding is that this is a bank error. I didn't write a check against the funds or anything. They handed me the cash at the teller line. How could I have known that the checks didn't clear? I would understand if I deposited the checks and then wrote checks against that money assuming it would be in the account. I would then owe the money I wrote the check for but I don't see how I am any part of the transaction other than the receiver of the funds.
     
  2. army judge

    army judge Super Moderator

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    The debt has long been dead. It was killed by the statute of limitations.


    ALL debts in your state die after SIX years.

    This debt is TEN years old.

    As long as you've paid NOTHING on this debt after January 31st, 2008; the debt was cleansed by your state's SOL on debt.


    Ohio’s statute of limitations is six years regardless of the type of debt.

    The time limit is counted from when a debt became overdue or when a borrower last made a payment, whichever happened more recently.

    If it’s been more than six years, a creditor cannot sue a debtor for debt collection purposes.
     
    Last edited: Jan 31, 2014
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  3. zappa1972

    zappa1972 Law Topic Starter New Member

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    i have never paid anything on it because I didn't feel it was a debt that I owed.....i cleared up nearly everything else. does the clock on the statute of limitations start over again by me acknowledging that I received the money? I said that in the phone call, which the guy threatened me with saying it was being recorded, but I also said that the debt was not mine. I just want to make sure that when they call again I have all the facts and my rights.
     
  4. zappa1972

    zappa1972 Law Topic Starter New Member

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    i have never paid anything on it because I didn't feel it was a debt that I owed.....i cleared up nearly everything else. does the clock on the statute of limitations start over again by me acknowledging that I received the money? I said that in the phone call, which the guy threatened me with saying it was being recorded, but I also said that the debt was not mine. I just want to make sure that when they call again I have all the facts and my rights.
     
  5. army judge

    army judge Super Moderator

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    If they call again, you'd be smart to block them, or simply say; "What debt? I don't owe you any debt. Please don't call me again."

    In the future, don't talk to anyone about confidential matters on the telephone. I always say, "Sorry, I don't descuss personal matters on the telephone. Send me a letter, and I might respond, good day!"

    Nope, as long as what you've said is accurate, that debt is dead. Don't worry about it, or discuss it.
     
    Last edited: Jan 31, 2014
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  6. zappa1972

    zappa1972 Law Topic Starter New Member

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    Thank you so much for your help. It takes a lot off my shoulders. BTW are you a lawyer?
     
  7. army judge

    army judge Super Moderator

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    Yes, I am. Good luck, remember no person in this country is required to answer any questions. In most cases, you're better off politely declining to answer questions, and tell the person to send you a letter. If they ak for your address, smile and say, "That's a question, remember, I don't answer questions."

    LOL
     

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