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Ohio Fair Debt Collection Practices Act

Ohio Fair Debt Collection Statute

Title XIII

Ohio Fair Debt Collection Practices Act § 1319.12. Collection agency may take assignments of debts and bring action in its own name.

(A) (1)  As used in this section, “collection agency” means any person who, for compensation, contingent or otherwise, or for other valuable consideration, offers services to collect an alleged debt asserted to be owed to another.

(2) “Collection agency” does not mean a person whose collection activities are confined to and directly related to the operation of another business, including, but not limited to, the following:   (a) Any bank, including the trust department of a bank, trust company, savings and loan association, savings bank, credit union, or fiduciary as defined in section 1339.03 of the Revised Code, except those that own or operate a collection agency;  (b) Any real estate broker or real estate salesperson, as defined in section 4735.01 of the Revised Code;  (c) Any retail seller collecting its own accounts;  (d) Any insurance company authorized to do business in this state under Title XXXIX [39] of the Revised Code or a health insuring corporation authorized to operate in this state under Chapter 1751. of the Revised Code;  (e) Any public officer or judicial officer acting under order of a court;  (f) Any licensee as defined either in section 1321.01 or 1321.71 of the Revised Code, or any registrant as defined in section 1321.51 of the Revised Code;  (g) Any public utility;  (h) Any person registered to sell interment rights under section 4767.031 [4767.03.1] of the Revised Code.

(B)  A collection agency with a place of business in this state may take assignment of another person’s accounts, bills, or other evidences of indebtedness in its own name for the purpose of billing, collecting, or filing suit in its own name as the real party in interest.

(C)  No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements:

(1) The assignment was voluntary, properly executed, and acknowledged by the person transferring title to the collection agency.

(2) The collection agency did not require the assignment as a condition to listing the account, bill, or other evidence of indebtedness with the collection agency for collection.

(3) The assignment was manifested by a written agreement separate from and in addition to any document intended for the purpose of listing the account, bill, or other evidence of indebtedness with the collection agency. The written agreement shall state the effective date of the assignment and the consideration paid or given, if any, for the assignment, and shall expressly authorize the collection agency to refer the assigned account, bill, or other evidence of indebtedness to an attorney admitted to the practice of law in this state for the commencement of litigation. The written agreement also shall disclose that the collection agency may consolidate, for purposes of filing an action, the assigned account, bill, or other evidence of indebtedness with those of other creditors against an individual debtor or co-debtors.

(4) Upon the effective date of the assignment to the collection agency, the creditor’s account maintained by the collection agency in connection with the assigned account, bill, or other evidence of indebtedness was canceled.

(D)  A collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness in a court of competent jurisdiction located in the county in which the debtor resides, or in the case of co-debtors, a county in which at least one of the co-debtors resides.

(E)  No collection agency shall commence any litigation authorized by this section unless the agency appears by an attorney admitted to the practice of law in this state.

(F)  This section does not affect the powers and duties of any person described in division (A)(2) of this section.

(G)  Nothing in this section relieves a collection agency from complying with the “Fair Debt Collection Practices Act,” 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any debtor of the right to assert defenses as provided in section 1317.031 [1317.03.1] of the Revised Code and 16 C.F.R. 433, as amended.

(H)  For purposes of filing an action, a collection agency that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, or other evidences of indebtedness of one or more creditors against an individual debtor or co-debtors. Each separate assigned account, bill, or evidence of indebtedness must be separately identified and pled in any consolidated action authorized by this section. If a debtor or co-debtor raises a good faith dispute concerning any account, bill, or other evidence of indebtedness, the court shall separate each disputed account, bill, or other evidence of indebtedness from the action and hear the disputed account, bill, or other evidence of indebtedness on its own merits in a separate action. The court shall charge the filing fee of the separate action to the losing party.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

35 comments

  1. I have debt collectors calling my place of employment.

    • The FDCPA at section C prohibits telephone calls any time or place which is unusual or known to be inconvenient to you, including at work if the collector knows or has reason to know your employer prohibits such contacts. So let’s get you some help. Now. Call 888-595-9111 and get a free case review, you may be entitled to up to $1,000 or more.

  2. Angeline Lallathin

    I got a call from Hallstead Financial. They were CERY RUDE and PUSHY about whatever Checksmart debt thT I owe. I am almost positive that I paid this debt. It was taken supposedly on Aug of 2011. I never received any calls ir any letters saying this debt was out there. The check went to the bank to be cashed and I never heard a word after. How can I get this settled? I asked Halstead a list of questions and all they did was bully me!! They are NOT BBB accredited and I called from my cell that isn’t in my name and they knew exactly who I was? That spells scam to me!!! And I have no way to verify this debt? I called Checksmart corp and they say I owe but when I called Plaza services (who they said took my debt) they never heard if me!!!!!! I have not paid a dime to anyone because I have no way to verify this debt??? I have worked so hard to get my score back up and I do NOT want to damage my credit anymore!!!!!! What do I do??

    • If collectors are calling and demanding money for a debt that may not be yours, or you cannot remember if it is yours or the amount of the debt is wrong, you have the right to dispute the debt according to the Fair Debt Collection Practices Act (FDCPA) Use this letter to dispute the debt in writing. Reach out to us, we would be happy to provide a free, no obligation Fair Debt consultation. You may be entitled to $1,000 or more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  3. I have a student loan debt and have been layed off for about a year. Windham proffesionals called trying to get me to settle the debt which I obviously couldnt pay, so they said with no income and living back with my parents that I qualified for a $5 a month payment plan to help get it out of default until I get back to work. Well I dont have a debit card or even a bank account right now so my girlfriend said she would allow them to take the $5 out of her account for a few months or until I got a job, the agreed amount was only $5!!! Well she just got her taxes back and now there is over $5000 missing from her account! She most certainly did not agree to that for one its not her debt to pay and the amount that was agreed on was $5 which is all that should have come out. They said I could change the amount whenever I want but said nothing about taking that much without asking because my girlfriend would never agree to that. I havent even signed and sent them the forms for my alternative income yet so how could they proceed to take an amount 100 times what was agreed on over the phone? The phone call should have been monitored and recorded. I actually owe $5,650 which is what it says on the paper they sent me with my account info on it but the amount taken from her was $5,311 and that was taken in 2 transactions. Can they do that? Do we have any chance of getting the funds returned? What course of action should we take now such as litigation/filing a lawsuit etc?

    • You may have experienced a Fair Debt violation(s), as well as a potential EFTA violation. Please call us today! The Debt Help Lawyers at this site can provide you a FREE, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Call us at 888-595-9111 and we’ll get you taken care of.

  4. I had Verizon phone plan, but I switched to Sprint. $31 of my bill each month was going towards an Iphone I had bought. The pay off value was $468.00. I wrote them a check for that amount so I could close the account. They returned the check to me because they said it was over payment. I tried sending another check when they sent me the $31 bill again, but again they returned the check to me. I’m not sure what to do, as I just want to pay off the phone and close the account.

    • Is a collection agency sending the bill or it is from Verizon? The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. They can help determine if you have experienced a fair credit or fair billing act violation. Call us now at 888-595-9111.

  5. I made payment arrangements with an attorney and started making them the same day. He went for judgement anyhow which included interest that was not part of the agreement we had discussed. Is this legal?

    • You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  6. Johnice L. Hoding

    I received a letter from an attorney’s office dated 2/5/15 and talked to a Mr. Pettit who said I owed The Villages At Williams Creek $633.98 for Condominium Association (CA) late fees dating back to January 1, 2013. I told him that I had received no notice of such an amount being owed to them and that I had been paying this condo fee online through U.S. Bank bill pay for the last 10 years. I told him that I would contact the CA and so should he. He said that the CA told him to use my home address because they had used the P.O. Box but the mail had been returned. The CA receptionist said that they had destroyed the returned mail. I think the attorney’s office turned the debt back over to the Villages at Williams Creek Condominium Association at this point because the debt amount decreased. Each time I have received correspondence, I have called the CA. Each time I talked to the receptionist and each time I was transferred to a person by the name of Kate, who each time I called & left a VM message DID NOT return my call. The first time I called the CA was when I received the attorney’s letter, the second time was when I received a general letter regarding the change in the coupon/statement vendor a year prior, which had nothing to do with my situation. The third time I called the CA was after I received a bill in which it stated that I owed $400.00 to the CA. However, there was an opening balance of $321.00 with no running balance to account for the $321.00 but a running balance from 8/5/14 to 2/10/15 which totaled out to $400.00. It shows that I paid the $55.00 per month and the increase in the condo fees went from $55.0 to $68.00 during that time. The only other letter I received was a bill for the $400.00 exactly like the first bill but this time with a $10.00 fee added for the month of March.

  7. I am a 68 year old retired senior on Social Security with 2 children and a wife living with me. Nobody else has any income in the household. My wife went to her doctors for some routine lab work. The doctors office sent the specimen to St. Lukes hospital in Maumee, Ohio. I had a similar test that was also sent to the hospital. I was billed $64.40 by Pro Medica which I paid in payments. I received another bill for the same amount from Credit Adjustments, INC of Defiance, Ohio. I contacted them and they told me I was responsable for the debt. I tried to explain I had paid the debt a few months earlier. They never told the debt was for my wife.
    I contacted Pro-Medica and was told I was not responsible for the debt. I related this to the collection company who ignored my statements. They have placed a collection on my credit report which has severly damaged my report. My rating went from 705 FICO to 624 advantage (very poor). They state the State of Ohio through common law have the right to hit my credit report using ORC 3103.03. ORC 3103.08 states Neither hesband nor wife, as such, is answerable for the acts of the other.
    Credit reporting agencies are required by Ohio law to set-up and maintain seperate credit report. How did this company get my SS# to report to the credit agency

  8. My wife and I had gotten some jewely from Kays jewlers financed through them. well the payment had gotten to be to much because of some medical problems and such so we were late on some payments and were talking about returning the rings. in the meantime while they were calling us we didnt respond until we figured out what we were gonna do. so somehow Kays got the number of my wifes ex husband and called him to try to get a hold of us…..is that even legal? if not what can we do. we are returning the jewelry but that really upsets us they stoop so low. thank you

  9. I owed a $4,117 medical bill to Community Memorial Hospital. It was sent to a collection agency named CR ADJSTMENT out of Defiance Ohio. I have called them multiple times to start a payment plan to pay that bill off but they refused too. They said through Interest that the bill had doubled to $8,200 since July 2014. I called them again a few weeks ago and they told me it would be $5,800. So I tried to set up a payment plan with them. I decided not to do it. I called them today and they said it was down to $5,000. Then later on I called them because they had not sent the documentation to Defiance Court for a debt I paid off a year ago. The Judgement can not be released until this done. Then they told me the medical bill had increased to $5,900 within 30 minutes. Apparently
    I have paid debt after debt off. The only thing left is this damn medical bill. Everything else on my credit has been paid off or is in the process of being taken off. At this rate I am never going to be able to fix my credit.

  10. I received a phone call from a collection agency for my $400 medical bill. The voicemail was very vague and misleading it stated ” this message is for XXXXXX, Please give Carrie a call today during business hours she has business in our office that needs your attention, with the phone number” Don’t they have to verify on the voicemail where they are calling and that they are trying to collect a debt per the mini-mirandi? Thank you.

  11. I keep getting calls on a very old Bank Account with US Bank from probably 8-10 years ago I live in Ohio. I get calls from ARS Debt Collections – they do seem to be stern and feel threatening. I just pulled my credit report and this does not even show up on my credit report. Is there a statue of limitations or anything I can do to make then stop calling me. I asked them not to call my work, they just did again today, said “they had my cell number wrong” when I brought up I has asked them not to call here. Any advice will help. Thanks in adavance.

  12. about 4 years ago i wrote 3 checks on line that totaled 200 dollars, i was to be pain early the next morning from an employer the next morning and spoke to him that night to verify i figured i would get the money in morning to cover the checks Next morning came and he didn t answer my calls and i never received my pay, I now have collection agency Collins asset Group calling me telling me i need to pay them 2250.00 I told them that i m willing to settle but i m not paying that much for original debt being 200 dollars they proceeded to tell me that they are going to file suit on me and come to my work and that i will pay even more when it goes to court so they want 1500.00 if i would settle now i told them that is still too much and they told me that the rest was interest. 1200 dollars in interest are you kidding me. What actions can i do to resolve this. I originally lived in Ohio when this occured but now live in Kentucky.

  13. i have received a summons for a car that was repossessed in sept 09. The last collection agency that was reported on my credit report was mainstreet acquisitions….and in the summons, it list two other collection agencies that had bought the debt one from mainstreet and then the other from that purchaser. I have never received any correspondence from either of these collection agencies and they are not on my credit report. I have my 2014 credit report that shows that the last owner was mainstreet. It does not say that they sold it to another collection agency. But, yet the summons shows that the debt was sold to one of the agencies in december 2013 and then again to another collection agency February 28th 2014. on’t they have to report the debt to the credit agencies once they obtain it? Also, I have ordered all of my phone records from the date that it was supposedly sold by mainstreet to prove that I was not contacted by either of these two collection agencies. ANy advice would be very helpful.

  14. I received a call from Premium Asset Services LLC on Aug 12th,2015. The man was so rude with me over a debt I owed Fifth Third bank that is at least 4 years old, the debt is only $318.00 but as a Divorced, Single Mother this money is difficult for me to come up with. The man made me cry and said I would be sued and my assets would be garnished if I didn’t pay them. When I didn’t have the money in my account the same man that made me cry called my work, didn’t even bother calling my cell phone which is the original number they had on file for me. I don’t have anything but an email from them and I just don’t have the money but I’m afraid I’m going to be sued.
    What should I do about them? People keep telling me to demand something in writing from them, I’ve never dealt with something like this before and I’m scared.

  15. Is Plain Green Loans allowed to sue for internet lending in Ohio? They have sent an account to National Credit Adjusters, and the interest rate is almost 400%. I am trying to find out ohio law and if its enforceable since all ive found is that it is illegal to lend in ohio

  16. Five years ago I lived in an apartment with my roommate. When we moved out we got a bill for multiple charges that were not owed. Our lease ended in November and we sent in a letter as our lease stated, advising we would be moving out when it did. They tried to charge us for December and January rent and late fees (even though we got this bill at the end of November so even if it was owed it would not have been late), pet fees and rent for pets we never had, blinds that my mother provided us since the blinds they installed fell down within 3 days of us moving in and broke and they decided to never send maintenance to hang new ones like we asked, a water bill (which we paid) and carpet charges that we advised we owed since it was storming when we moved out and we tracked in mud (even though we steamed cleaned the carpet 3 times after moving out and it was never replaced before we moved in). They refused to call us back when we were trying to talk to them about these charges but they did send us a letter stating they removed the rent charges as they were not applicable. Then they sent us to collections (while we were attempting to contact them daily and they were not answering or returning calls) for the original bill amount. We have disputed this through our credit reports multiple times and have attempted to deal with the debt collector. Every time we call the debt collector she is rude, hangs up, ignores or calls, and we get nowhere. She also never states that “the call may be monitored or recorded and this is an attempt to collect a debt and any information obtained will be used for those purposes.” Doesn’t that have to legally be disclosed? Also, if we didn’t have pets and they are charging us for them stating the only proof they have is a patch on the carpet (which again was never replaced and the previous tenants had pets) and scratched on the baseboard (which again was never replaced and the previous tenants had animals) is there anything we could do to get them removed since the debt collector and company are refusing to remove invalid charges (even though they had previously agreed to remove almost all the other charges because they knew they were false)?

  17. I’m a former employee for checksmart and knows all the dirty things they do, like called debtors up to 7 time or more eft customers accounts without their knowledge also to their employees they make them work without any break and try to cover it up

  18. Received a call staying that if me or my attorney didn’t call “now” that they would wish me a happy life as local law enforcement officials would be at my door soon I thought it was illegal to threaten law suit or law enforcement at my door?

  19. Awhile back I took out an online loan through a company called spotloan. After a few payments, I ran into financial hardship andwas unable to pay. I received a call from a collection agency that stated I have committed bank fraud, I would be arrested and if I didn’t call them back by noon, a process server would come to my place ofemploymen. Panicked to have this done, i set up a payment schedule with them for 100.00 biweekly for 15 payments. I only borrowed 700$ and they said i had interest and other fees and would pay back a total of 1500+. Until recently I never thought anything about it, but I recently changed bank accounts and didn’t have a number to reach them to change my information. They never sent me any validation of the debt through the mail. I just assumed that they was legit because they had all my information. Am I being scammed? We they aloud to threaten arrest and have process servers come to my house? Please help

  20. I went to emergency room July 29, 2015. I received my first bill in August. I have paid $50 EVERY month since then. Today I received a collection notice for this bill that is barely 6 months old and has been paid on monthly. If I am paying on the bill and my payments are being accepted how can I be sent to collection?

  21. My husband has received phone calls at work, and home by this mystery company saying he is going to be arrested for an outstanding debt. They have called his HR and his manager at work saying he is going to be arrested and charged. Somehow they received my cell number (which is new) and has called me yesterday saying they were going to arrest him within the hour because charges are being filed against him. She was very rude. She gave me a case number. My husband called the sheriffs office, the courts, police, everyone. Nobody can find his name or the case number in their systems. She just called my cell again today and said he needs to call their firm immediately because he is 3rd on her morning route. I said he called the courts and they don’t have record of a lawsuit. She said it’s not coming from there. When I tried to ask where it was coming from she hung up. Tried calling her back and it just rang and rang. I called the 866 number to the firm she gave me the day before and they wouldn’t say who they were. When I questioned the authenticity they hung up. I called again and the lady said they were a mediation firm and they were going to serve him papers to appear in court. When I questioned her further she hung up. It is my understanding that mediation firms are used so cases do NOT go to court. I also thought they were not supposed to contact other people. Along with me, they have called his 83 year old Grandmother who lives almost two hours away telling her that he was going to be arrested. Does any of this sound legit?

  22. Are Debt collectors allowed to redact the account number on a loan application and write in the last 4 numbers to match a payment schedule that has been provided? I understand all but the last 4 of the SSN can be redacted and birthdates, but this seems fishy to me. If they are not allowed to do this, please provide the any code sections that apply. Thank you

  23. I live in Ohio and have a credit card debt that was purchased by Midland Funding, who filed suit and obtained a default judgment. This month I was sent a pre-wage garnishment form from the court per their request. I completed the form and sent it to them along with my 2 most recent pay stubs as they directed. Turns out that based on the forms computation, I’m not legally required to make payments because my earnings are so modest (I gross only $461 and earn $421 after taxes biweekly. The midland garnishment rep is threatening to go forward with attempting to garnish my wages even though she knows, and acknowledged in the form, that such action could jeopardize my job if I don’t agree and make payments to them. So far she’s insisting on $105 per month (25% of my after tax income by her estimation that does not account for the legally mandated health insurance payments withheld)

    What can I do to protect my employment? Another creditor already tried this to no avail. I’m concerned that a 2nd attempt could be the last straw, especially since there’s been a change in upper management.

  24. Is a credit card company or lawyer acting on their behalf required to provide proof (or original signature on credit card loan) to validate debt is mine? I paid a company (Clearing House Solutions) to invalidate my debt. They did invalidate Discover Card, yet I am now being sued and have to go to court. What is the law regarding the requirement of them to validate my debt by original legal signature on credit card paperwork. Thank you

  25. DRS keeps calling my parents and my brother leaving rude messages about suing me.
    How can I get them to stop calling them?

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