The Statue of Limitations on Overdrawn Checking Accounts in Ohio

Accidentally overdrawing on a checking account can lead to years of problems.

Overdrawn checking accounts are always a problem. When the debt piles up over time due to bank fees, the checking account debt for the overdrawn fees can skyrocket. In Ohio, the statute of limitations varies depending on the situation and the judge.

Six Year Collection Of Debt

In Ohio, a debt collector has up to six years before the statute of limitations is expired on monies owed. In most cases, this relates to revolving debts, like credit cards, but it is possible a judge will use the open account limitation of six years for overdrawn accounts as well.

15-Year Limitation

In the case of written contracts, the statute of limitations in Ohio is 15 years. Some might argue that an overdrawn checking account is a written contract, in which the individual is agreeing via signing and opening the account not to overdraw and thus the limitation is set to 15 years. The situation will determine whether the judge considers the debt a written agreement.

Oral Contracts

In the case where an individual promised to pay the debt and has not, the statute of limitations in Ohio might fall under an oral contract. Oral contracts are six year statutes of limitations due to the potential lack of evidence and problems proving an oral agreement took place.

Fine Limitations

In general, fees are not included in a statute of limitations. Fees applied to an account may not be considered part of the limitation laws. For example, if the judge determines that the statute of limitations is up on the overdraft, the overdraft fees and penalties might still be owing.

References

• Find Law: Ohio Civil Statute of Limitations
• Bills: Ohio Collection Laws