Sued by a debt buyer in Ohio
The extra rules for debt buyer suits, and how to use them in your answer.
Checked against official sources: Oct 24, 2026.
Short answer
A debt buyer is a company that bought an old debt and now sues to collect it. 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.
- Time limit to sue (written contract)
- 6 years
- Time to answer
- 28 days
Ohio rules for 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.
- A collection agency that sues on an assigned debt must have a written, voluntary assignment that states its effective date and the price paid, must sue in the county where you live, and must be represented by an Ohio lawyer (R.C. 1319.12(C), (D), (E)).
- Assignees and agents cannot use small claims court (R.C. 1925.02(A)(2)(a)(ii)).
Law: Civ.R. 10(D)(1)
Defenses you can raise in Ohio
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)
Too old to sue on?
Ohio allows 6 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.
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)
In nearby states
Your next steps in Ohio
Check who is suing
A company you never dealt with may have bought the debt. Its name is on the summons.
Make them prove it
Send a documents request letter to the plaintiff's lawyer.
Don't miss the deadline
Deadline in Ohio: 28 days after you are served with the summons and complaint.
Raise every defense
Missing ownership papers and old debts are common defenses.
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)
- If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k
Free legal help in Ohio
Questions about debt buyer suits in Ohio
What does Ohio require of debt buyers who sue?
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. A collection agency that sues on an assigned debt must have a written, voluntary assignment that states its effective date and the price paid, must sue in the county where you live, and must be represented by an Ohio lawyer (R.C. 1319.12(C), (D), (E)). Assignees and agents cannot use small claims court (R.C. 1925.02(A)(2)(a)(ii)).
What is the deadline to answer a debt suit 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 old is too old for a debt buyer suit in Ohio?
Ohio allows 6 years to sue on a written contract. If the debt is older, say so in your answer: the court usually won't raise it for you.
Keep reading about Ohio
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.