Ohio Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Ohio's Statutes Of Limitations. Ohio phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Ohio Fair Debt Collection Consumer Practices Guide summarizes Ohio's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Ohio Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Ohio’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Ohio Debt Exemption Law!
Ohio Statutes
The state of Ohio has opted out of federal bankruptcy exemptions. Ohio
Revised Code Annotated § 2329.662.
Wages: Ohio Revised Code Annotated § 2329.66(A)(13).
Homestead: Ohio Revised Code Annotated §§ 2329.66(I)(b) and .661.
Tangible personal property: Ohio Revised Code Annotated § 2329.66.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Ohio Revised Code Annotated §§ 2329.66,3334.09 and .15.
Ohio Debt Statutes of Limitation
Your debt may have expired under Ohio’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Ohio Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Ohio Debt Statutes of Limitation
Written or oral account: 6 years, (O.R.C. §2305.07).
Written contract: 15 years, (O.R.C. §2305.06).
Oral contract: 6 years (O.R.C. §2305.07).
Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).
Ohio Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Ohio’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Ohio law.
Ohio Wage Garnishment Procedural Requirements
Any person seeking an order of garnishment shall make a demand in the form prescribed by Statuteute [1]. Ohio Rev. Code Ann. _ 2716.02. A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor, his agent, or his attorney setting forth: (1) the name of the judgment debtor whose property, other than personal earnings, the judgment creditors seeks to garnish; (2) that the affiant has good reason to believe and does believe that the person named in the affidavit as the garnishee has property, other than personal earnings, of the judgment debtor that is not exempt under the law of this Statutee or the United Statutees; (3) a description of the property. Ohio Rev. Code Ann. _ 2716.11.
The affidavit shall be accompanied by one dollar as the garnishee's fee for compliance with the order, no part of which shall be charged as court costs. Ohio Rev. Code Ann. _ 2716.12.
Upon the filing of a proceeding in garnishment, the court shall cause the matter to be set for hearing within twelve days thereafter. Upon the scheduling of a hearing, the clerk of the court immediately shall issue to the garnishee three copies of the order of garnishment together with the garnishee's fee and with a written notice that the garnishee answer as provided in _ 2716.21.
The copies of the order and notice shall be served upon the garnishee in the same manner as for the service of a summons. The order shall bind the property, other than personal earnings, of the judgment debtor in the possession of the garnishee from the time of service. At the time of filing of a proceeding in garnishment, the judgment creditor also shall file with the clerk of the court a praecipe instructing the clerk to issue to the judgment debtor a notice and a hearing request form. Upon receipt of the praecipe and the scheduling of a hearing, the clerk of the court immediately shall serve (by ordinary or regular mail unless the judgment creditor requests that service be made in accordance with the Rules of Civil Procedure) upon the judgment debtor two copies of the notice to judgment debtor and hearing request form. Ohio Rev. Code Ann. _ 2716.13.
Evidenced by return receipt signed by any person, service of any process shall be by certified mail, postage prepaid, unless otherwise permitted by the Rules of Civil Procedure. When the plaintiff files a written request with the clerk for personal service or residence service, service of process shall be made by that method. Ohio R. Civil. P. 4.1.
Interest Rate at which Judgments Accrue Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with _ 1343.01, interest shall be computed until payment is made at the rate specified in such instrument. Ohio Rev. Code Ann. _ 1343.02.
Upon all judgments, decrees, and orders of any judicial tribunal for the payment of money arising out of tortious conduct or a contract or other transaction, the creditor is entitled to interest at the rate of ten per cent per annum. Ohio Rev. Code Ann. _ 1343.03.
Applicable Forms Ohio Rev. Code Ann. _ 2716.02. Ohio Rev. Code Ann. _ 2716.13. 1 Section 2716.02 prescribes different forms if the judgment creditor seeks an order of garnishment of personal earnings or if the judgment is for money owed for health care services rendered or health care supplies provided to the judgment debtor or his dependent.
Ohio (Debt Collector) Call Recording Law
Under Ohio State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Ohio is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Ohio.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
