Ohio Credit Card Debt Defense & Taylor v. First Resolution
Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in Ohio.
Governing Statutory Framework
Primary Statutes: Ohio Revised Code § 2305.07 and Ohio Supreme Court precedent in Taylor v. First Resolution.
Jurisdiction: Trial courts, small claims divisions, and county courts in Ohio.
Jurisdiction: Trial courts, small claims divisions, and county courts in Ohio.
Procedural & Substantive Defenses in Ohio
In Ohio, the statute of limitations for contract actions is 6 years under ORC § 2305.07. In the landmark case Taylor v. First Resolution Investment Corp., 148 Ohio St.3d 627, the Ohio Supreme Court held that Ohio's borrowing statute (ORC § 2305.03) applies the shorter statute of limitations of the creditor's home state (e.g., Delaware's 3-year SOL) to bar debt buyer claims.
Mandatory Defense Steps for Ohio Consumers
- Check the Summons Deadline: Immediately verify your response deadline. In Ohio, missing your answer cutoff results in an immediate default judgment.
- Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
- Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
- Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.
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