Expert: Creditwrench - 7/22/2008

Question
My Daughter is being sued by to collect a debt she doesn't even believe is hers.  She has requested discovery of all the information the opposing lawyers have.  They have not sent anything.  I believe this debt, regardless if it is my daughters is OLD and not collectable under the Ohio statute of limitations.  
She has been receiving emails from a lawyer who is not on the case but at the same plaintiffs law firm.  I'm wondering if these would be considered illegal? I have cut and pasted them below.
The e-mail chain is two e-mails the first is at the bottom and the send that was sent moments later is first.  
Can you give me any advice?  What is the Statute of Limitations for Credit Card debt in Ohio?
Mary-

I just realized that you have numerous other files and judgments with us.  If you wish to discuss repayment please contact either me or Ladi, we would have happy to review the files with you.





Attorney

Javitch Block & Rathbone, LLP

1100 Superior Ave., 19th Floor

Cleveland, Ohio 44114

Phone 216/623-0000 Ext. 3150

Direct Fax 216/525-4963

sritz@jbandr.com

--------------------------------------------------------------------------------

From: Sarah Ritz
Sent: Tuesday, July 15, 2008 1:31 PM
To: 'Mary Coleman'
Cc: Ladi Williams
Subject: RE: Velocity vs. Coleman- hearing tomorrow



Hi Mary-Michelle—



I recently reviewed your file and wanted to follow up.  I understand you are claiming the account is not yours.  The address we have as attached to this account is the address you are currently using, and the SSN ends in 5347.  Additionally,  I know you stated that you haven’t had a Credit card since 1999; the account at issue was opened in 1996 and was charged off in 2001.  If the SSN # does not match please let me know immediately and provide proof of such.  That will resolve the issue quickly and be determinative of whether we have the wrong person.  If the SSN does match that means that whether you, or someone else, a card was taken out the card using your SSN.  If the dates don’t refresh your memory and you still believe this was not yours, one would have to conclude that someone else took out the card in your name (i.e. ID Theft).



If you are claiming ID theft, there are particular procedures that my client will require be followed in order to close this matter as fraudulent activity.  You must complete an affidavit of fraud, which I can email you, and file a police report with your local department.  Please advise if this is what you are claiming, and I can get the proper paperwork to you.  If you are not claiming ID theft or do not plan to utilize these procedures, we will have to proceed with litigation, including requiring responses to discovery pursuant to local rule.    Let me know how you wish to handle.


Answer
Well, first thing I look for is the statement that those emails come from a debt collector and I see they forgot that little gem. Two causes of action against them in federal court right there. I'm sure that is not their first violations and I'm about equally certain that it won't be their last. I see you say that discovery has been demanded but no answers have been forthcoming. When was the discovery demand sent and what did it say exactly? If they have not responded within the allotted time then motion to deem admitted might be advisable. Sort of depneds on how the questions were asked too. If they were only demands for production of documents then motion to deem admitted would not be proper.

Numerous other files and judgments against her? What is she going to do about those?

Ohio statute of limitations? See the link below.

Bill Bauer
405-684-9297
405-227-9423

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