Ohio Statutes of Limitation

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Ohio Statutes of Limitation

Post by David A. Szwak »

Ohio 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)).
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Barnets, Inc. v. Johnson,
Not Reported in N.E.2d, 2005 WL 406205, 2005 -Ohio- 682, Ohio App. 12 Dist., February 22, 2005 (NO. CA2004-02-005)

...151(4) k. Accrual of Right of Action and Limitations. To the extent that mortgage was a written acknowledgement of open account or a promise to pay the open account, the acknowledgment or promise extended the statute of limitations on the open account, but it extended it only for a period of six years from the date the mortgage was executed, and not for a period of 15 years. R.C. §§ 2305.06 2305.08 Civil Appeal from Preble County Court of Common Pleas. Case No. 02CV023755. K. Brent...

...governed by a six-year statute of limitations. However, the trial court then found that the six-year statute of limitations for open accounts was extended to 15 years in this case by operation of R.C. 2305.08 , since the mortgage executed by appellants constituted “a sufficient acknowledgement of...

...that statute. Appellee argues, as it did in the trial court, that the mortgage constitutes “a promise to payâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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