What is the statue of limitations to collect on a debt?
Question Details:
Bought campground timeshare 6 years ago even with financial difficulty we managed to pay it off. But now they are suing us for maintenance fees. We tried to negotiate to give up paid piece of property in exchange of the amount owed. But they were asking for more fees to do transaction. What is the statue of limitations on this in OH?
Real Estate Law Answers
I recommend that you contact the OH State Bar Association or the local bar association in the city or county you live in about their lawyer referral service.
www.michaeldbrown.freeservers.com
Ohio has a 15-year statute of limitations, for lawsuits on written contracts, so this isn't going to help you. In any case, the typical timeshare arrangment makes the maintenance charges a lien on the timeshare, so that if they aren't paid, the owner can foreclose. You'd need to take a close look at your paperwork, to see what, if anything, the contract says about their damages in a foreclosure of this sort, over and above taking away your timeshare.
The fact that you haven't used the timeshare isn't relevant. I know of an individual who lost 11 weeks of timeshares through foreclosures, and 7 of them were never used.
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