sol on unsuccured loan in ohio

[deercreek65]

My wife at the time bought a computer thru dell financal services over the telephone in 1998. it developed problem in 2001 and she sent it back and quit paying . It was charged off as an unpaid UNSERCURED loan on my credit report in 2002. it has not shown anymore on my 2008 and 2009 credit reports. I got a call from pentagroup ( zombie debt collector ) wanting to settle for 500. ( orginal debt is 1390.00 ) . i sent them a letter for validation yesterday. MY question is this out of sol in ohio ? i never signed anything and i never talked to dell original creditor over the phone either . from what ive reserched , sol on oral or unsercured debt in ohio is 6 years , but ive also read that judges often hold all contracts to 15 in ohio . it says right on the credit report unsercured and ive never signed anything thank you James

 

[jharris352]

So you really don't care about paying your debts if you can get out of it?

 

[deercreek65]

no

my ex wife bought it and i never used it or wanted it . it was sent back and charged off . i just want to know what the sol for unsercured loan in ohio is ? last payment was 11/02/ 2002

 

[jharris352]

People get SOL and credit reporting times mixed up. Contracts are usually valid and actionable for up to 20 years.

 

[Michael Wechsler]

People get SOL and credit reporting times mixed up. Contracts are usually valid and actionable for up to 20 years.

Actually he is right. SOL is usually 6 years. The tricky part is determining WHEN it begins to run. It doesn't begin from the day you made it, but from the day the breach occurred. From what I'm reading it is the poster who claimed breach of contract, not Dell. At some point, Dell did not agree and decided it was the poster who breached. That appears to have been roughly 6 years ago but I don't know. Moreso, if Dell tried to make reasonable attempts but could not reach the creditor, the statute of limitations may have been tolled. There is a question whether there still is an actionable case but I'd guess that there probably is one. The poster needs to establish that this defense exists.

 

[deercreek65]

thank you we never heard from dell again after 2002 , so im not sure what tolled means. the first ive heard of this debt since 2002 is from 3rd party collection agency . thanks agin

 

[Michael Wechsler]

thank you we never heard from dell again after 2002 , so im not sure what tolled means. the first ive heard of this debt since 2002 is from 3rd party collection agency . thanks agin

I highly doubt that Dell just stopped pursuing your debt. Did you move? Did you update Dell as to your location? I wonder whether Dell sold off the debt after being unable to locate you. "Tolled" means "delayed" so that the period for which bringing someone to court is delayed to a later time. The plaintiff should no have to bear the brunt of your being unable to be located as part of the time you can bring someone to court, otherwise people would run away from their debts all the time and be not able to be found. Not saying it's the case here but it could be another reason as well.