Ohio debt statute of limitations

Ohio limitation periods by type of debt

S.B. 13 (effective June 16, 2021) set the written-contract limit at 6 years (§ 2305.06); consumer-transaction debt is also 6 years (§ 2305.07(C)).

What the Ohio statute says

“an action upon a specialty or an agreement, contract, or promise in writing shall be brought within six years after the cause of action accrued.”
Ohio Rev. Code § 2305.06

“(A) Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, shall be brought within four years after the cause of action accrued.”
Ohio Rev. Code § 2305.07(A)

“an action arising out of a consumer transaction incurred primarily for personal, family, or household purposes, based upon any contract, agreement, obligation, liability, or promise, express or implied, including an account stated, whether or not reduced to writing or signed by the party to be charged by that transaction, shall be commenced within six years after the cause of action accrued.”
Ohio Rev. Code § 2305.07(C)

“For purposes of this division, a cause of action accrues thirty calendar days after the date of the last charge or payment by, or on behalf of, the consumer, whichever is later.”
Ohio Rev. Code § 2305.07(C)

Does paying restart the clock in Ohio?

A payment, or a signed written acknowledgment or promise, starts a new period (Ohio Rev. Code § 2305.08).

“If payment has been made upon any demand founded on a contract, or a written acknowledgment thereof, or a promise to pay it has been made and signed by the party to be charged, an action may be brought thereon within the time limited by sections 2305.06 and 2305.07 of the Revised Code, after such payment, acknowledgment, or promise.”
Ohio Rev. Code § 2305.08

If a creditor wins a judgment in Ohio

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Ohio rules take over.

How long a judgment lasts

In Ohio, a judgment (other than one in favor of the state) becomes dormant and stops operating as a lien unless, within five years of the judgment or its last renewal, an execution, certificate of judgment, garnishment, or proceeding in aid of execution occurs; dormant judgments can be revived under separate law.

“A judgment that is not in favor of the state is dormant and shall not operate as a lien against the estate of the judgment debtor unless one of the following occurs within five years from the date of the judgment or any renewal of the judgment, whichever is later: (a) An execution on a judgment is issued.”
Ohio Rev. Code § 2329.07(B)(1)

Wage garnishment

Ohio exempts the greater of 75% of disposable earnings or 30 times the federal minimum hourly wage per week (scaled for biweekly, semimonthly and monthly pay), except for support orders covered by other sections.

“personal earnings of the person owed to the person for services in an amount equal to the greater of the following amounts: (a) If paid weekly, thirty times the current federal minimum hourly wage;”
Ohio Rev. Code § 2329.66(A)(13)

Money in a bank account

Ohio exempts a debtor's interest in cash on hand, tax refunds and money on deposit with a bank or credit union (other than earnings) up to a combined $400 as stated in the statute text; the Ohio Judicial Conference adjusts these dollar amounts every three years, so the current figure may be higher.

“The person's interest, not to exceed four hundred dollars, in cash on hand, money due and payable, money to become due within ninety days, tax refunds, and money on deposit with a bank, savings and loan association, credit union, public utility, landlord, or other person, other than personal earnings.”
Ohio Rev. Code § 2329.66(A)(3), (B)

Small claims court

Ohio small claims divisions hear civil actions for money only (and taxes) up to $6,000, excluding interest and costs.

“a small claims division established under section 1925.01 of the Revised Code has jurisdiction in civil actions for the recovery of taxes and money only, for amounts not exceeding six thousand dollars, exclusive of interest and costs.”
Ohio Rev. Code § 1925.02(A)(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Ohio treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Ohio?

6 years for credit-card debt and 6 years on a written contract, under Ohio Rev. Code § 2305.06; § 2305.07. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Ohio?

A payment, or a signed written acknowledgment or promise, starts a new period (Ohio Rev. Code § 2305.08).

How long does a court judgment last in Ohio?

In Ohio, a judgment (other than one in favor of the state) becomes dormant and stops operating as a lien unless, within five years of the judgment or its last renewal, an execution, certificate of judgment, garnishment, or proceeding in aid of execution occurs; dormant judgments can be revived under separate law. (Ohio Rev. Code § 2329.07(B)(1)).

How much of my pay can be garnished in Ohio?

Ohio exempts the greater of 75% of disposable earnings or 30 times the federal minimum hourly wage per week (scaled for biweekly, semimonthly and monthly pay), except for support orders covered by other sections. (Ohio Rev. Code § 2329.66(A)(13)).

What if I am sued on an old debt in Ohio?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.