Sued in Ohio? You have 28 days to answer
Municipal, County or Common Pleas Court: 28 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Ohio
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Ohio guides by topic
How to answer in Ohio
Your deadline by court, the official form, fees and defenses.
Default judgment in Ohio
What a default means and how to set it aside, with a calculator.
After a judgment in Ohio
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Ohio
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Ohio
Municipal Court (or County Court)
Most credit card, medical and debt-buyer lawsuits of $15,000 or less are filed here. Interest and costs added later can push a judgment above $15,000.
Law: R.C. 1901.17; R.C. 1907.03 (county courts)
Court of Common Pleas
Hears debt cases over $15,000.
Law: R.C. 1901.17 (municipal court limit)
Small Claims Division
Up to $6,000. A collection agency or other assignee or agent cannot sue you in small claims, so debt buyers use the regular docket.
Law: R.C. 1925.02(A)(1), (A)(2)(a)(ii)
How to answer in Ohio
- How to answer
Write an answer that responds to each numbered paragraph of the complaint and lists your defenses. File it with the clerk of the court named on the summons and send (serve) a copy on the plaintiff's lawyer. Many courts accept e-filing; ask the clerk.
- Fee to answer
Each municipal court sets its own schedule of fees and deposits by court rule. Ask the clerk whether there is a fee to file an answer or a counterclaim. (R.C. 1901.26(A))
- If you can't pay the fees
File an affidavit of indigency with the court. A judge or magistrate approves it if your gross income is no more than 187.5% of the federal poverty guidelines and your monthly expenses are at least equal to your available cash. (R.C. 2323.311; R.C. 1901.26)
- How you must be served
The usual method is service by the court clerk through certified or express mail (or a commercial carrier) with a signed return receipt. The receipt can be signed by any person who accepts delivery at your address. The plaintiff can also ask for personal service by a process server or sheriff, or residence service.
Law: Ohio Civ.R. 4.1(A), (B), (C)
Law: Ohio Civ.R. 12(A)(1); R.C. 1901.26; R.C. 2323.311
Defenses to know in Ohio
- Defenses in Ohio law
The statute of limitations, payment, and discharge in bankruptcy are affirmative defenses that you must list in your answer. For consumer debt, Ohio's time limit is 6 years, counted from 30 days after the last charge or payment (R.C. 2305.07(C)). A collection agency must sue in the county where you live (R.C. 1319.12(D)). A missing account or contract that the complaint relies on can be raised under Civ.R. 10(D)(1).
Law: Civ.R. 8(C)
- Debt buyer lawsuits
- If a claim is based on an account or other written document, a copy of the account or document must be attached to the complaint, or the complaint must explain why it is not attached. Debt buyer lawsuits in Ohio: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Ohio
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not answer in time, the plaintiff can ask the court for a default judgment. If you have appeared in the case, you must get written notice of the request at least 7 days before the hearing.
- How to set it aside (cancel it)
File a motion for relief from judgment under Civ.R. 60(B). It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. Courts usually also look for a valid defense.
Law: Ohio Civ.R. 55(A), (B); Civ.R. 60(B)
Count your deadline to set aside a default
If there is a judgment in Ohio
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
The judgment earns interest at the rate in your written contract, if it sets one. If not, it earns the Ohio statutory rate in effect on the date of the judgment, which stays the same until it is paid. The statutory rate is set each October 15 by the Ohio Tax Commissioner for the next year: the federal short-term rate, rounded to a whole percent, plus 3%.
- How long it lasts
A judgment becomes dormant if the creditor does not take a collection step (execution, judgment lien, garnishment or debtor exam) within 5 years of the judgment or the last such step. Each step restarts the 5 years. A dormant judgment can be revived within 10 years after it became dormant; no interest is added for the dormant period.
Law: R.C. 1343.03(A), (B); R.C. 5703.47; R.C. 2329.07(B)(1); R.C. 2325.18
Garnishment, bank levy and exemptions in Ohio
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Federal limit applies: you keep the greater of 75% of disposable earnings or 30 times the federal minimum wage per week (60 times biweekly, 65 times semimonthly, 130 times monthly). (R.C. 2329.66(A)(13)) You get a notice with a request-for-hearing form; to get a hearing you must deliver the request to the clerk within 5 business days after you receive the notice. (R.C. 2716.06)
- Bank levy (freezing and taking money in your bank account)
The creditor asks the court for an order of garnishment of property other than personal earnings and serves it on your bank. You cannot move the money once you get the notice. Social Security, SSI, unemployment, workers' compensation, veterans' benefits and certain pensions are protected. $625 in cash and bank deposits (other than earnings) is exempt from April 1, 2025 to March 31, 2028. (R.C. 2329.66(A)(3), (B))
- How to claim an exemption
Fill out the request-for-hearing form that comes with the garnishment notice (it has a postage-paid envelope or postcard) and deliver it to the clerk of court no later than the end of the fifth business day after you receive the notice. You can list why the money is exempt. The hearing covers only how much money can be taken, not whether you owe the judgment. If you do not ask for a hearing in time, the money will be paid to the creditor.
- Exemption form
- The request-for-hearing form comes with your notice. If you don't have it, ask the court clerk for it.
Law: R.C. 2716.06 (wages); R.C. 2716.13 (bank accounts and other property); R.C. 2329.66
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Ohio
Count your deadline to claim an exemption
Free help in Ohio
- Ohio Legal Help (free legal information and legal aid finder)
- Ohio State Bar Association: Find a Lawyer
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Ohio
- Debt buyers and collection agencies cannot sue you in small claims court, because assignees and agents are barred there. (R.C. 1925.02(A)(2)(a)(ii))
- A collection agency suing on an assigned debt must file in the county where you live. (R.C. 1319.12(D))
- If you ask for a bank or wage garnishment hearing, you have only 5 business days after you receive the notice. (R.C. 2716.06(C), 2716.13)
Changes in 2024–2026
Exemption dollar amounts in R.C. 2329.66 were raised for inflation on April 1, 2025 (for example, $625 in cash and bank deposits). R.C. 1925.02 (small claims) was amended by S.B. 237, effective April 9, 2025; the $6,000 limit and the bar on assignee claims remain. R.C. 1901.26 (municipal court costs) was amended by H.B. 434, effective November 25, 2025.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Ohio
How long do I have to answer a debt lawsuit in Ohio?
28 days after you are served with the summons and complaint. If you were served by publication, 28 days after publication is complete.
How do I answer a debt lawsuit in Ohio?
Write an answer that responds to each numbered paragraph of the complaint and lists your defenses. File it with the clerk of the court named on the summons and send (serve) a copy on the plaintiff's lawyer. Many courts accept e-filing; ask the clerk.
Does it cost money to answer in Ohio?
Each municipal court sets its own schedule of fees and deposits by court rule. Ask the clerk whether there is a fee to file an answer or a counterclaim. (R.C. 1901.26(A))
What if I can't afford the court fees in Ohio?
File an affidavit of indigency with the court. A judge or magistrate approves it if your gross income is no more than 187.5% of the federal poverty guidelines and your monthly expenses are at least equal to your available cash. (R.C. 2323.311; R.C. 1901.26)
What happens if I don't answer in Ohio?
If you do not answer in time, the plaintiff can ask the court for a default judgment. If you have appeared in the case, you must get written notice of the request at least 7 days before the hearing.
Can I cancel a default judgment in Ohio?
File a motion for relief from judgment under Civ.R. 60(B). It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. Courts usually also look for a valid defense.
How much interest does a judgment add in Ohio?
The judgment earns interest at the rate in your written contract, if it sets one. If not, it earns the Ohio statutory rate in effect on the date of the judgment, which stays the same until it is paid. The statutory rate is set each October 15 by the Ohio Tax Commissioner for the next year: the federal short-term rate, rounded to a whole percent, plus 3%.
How long does a judgment last in Ohio?
A judgment becomes dormant if the creditor does not take a collection step (execution, judgment lien, garnishment or debtor exam) within 5 years of the judgment or the last such step. Each step restarts the 5 years. A dormant judgment can be revived within 10 years after it became dormant; no interest is added for the dormant period.
Can my wages be garnished in Ohio?
Federal limit applies: you keep the greater of 75% of disposable earnings or 30 times the federal minimum wage per week (60 times biweekly, 65 times semimonthly, 130 times monthly). (R.C. 2329.66(A)(13)) You get a notice with a request-for-hearing form; to get a hearing you must deliver the request to the clerk within 5 business days after you receive the notice. (R.C. 2716.06)
Can a creditor take money from my bank account in Ohio?
The creditor asks the court for an order of garnishment of property other than personal earnings and serves it on your bank. You cannot move the money once you get the notice. Social Security, SSI, unemployment, workers' compensation, veterans' benefits and certain pensions are protected. $625 in cash and bank deposits (other than earnings) is exempt from April 1, 2025 to March 31, 2028. (R.C. 2329.66(A)(3), (B))
How do I claim an exemption in Ohio?
Fill out the request-for-hearing form that comes with the garnishment notice (it has a postage-paid envelope or postcard) and deliver it to the clerk of court no later than the end of the fifth business day after you receive the notice. You can list why the money is exempt. The hearing covers only how much money can be taken, not whether you owe the judgment. If you do not ask for a hearing in time, the money will be paid to the creditor.
More help on our sister sites
Sources
- R.C. 1901.17 Municipal court monetary jurisdiction
- R.C. 1925.02 Small claims jurisdiction
- Ohio Rules of Civil Procedure (Civ.R. 4.1, 8, 10, 12, 55, 60)
- R.C. 1319.12 Collection agency assignments and lawsuits
- R.C. 1901.26 Municipal court costs
- R.C. 2323.311 Indigent litigants
- R.C. 1343.03 Interest on judgments
- R.C. 5703.47 Federal short-term rate
- R.C. 2329.07 Dormant judgments
- R.C. 2325.18 Revival of judgments
- R.C. 2716.06 Notice to judgment debtor (personal earnings)
- R.C. 2716.13 Garnishment of property other than earnings; notice and hearing
- R.C. 2305.07 Consumer debt limitation
- R.C. 1907.03 County court jurisdiction
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?