What is the statute of limitations for contract claims in Ohio?
1. Written Contracts
Ohio Revised Code § 2305.06 provides an 8-year SOL for actions upon a specialty or a written agreement, contract, or promise. (Ohio reduced this from 15 to 8 years in 2012, and to its current form in subsequent amendments.)
2. Oral Contracts
R.C. § 2305.07 imposes a 6-year SOL on oral contracts and on liabilities created by statute.
3. Sealed Instruments / Promissory Notes
Promissory notes fall under the 8-year written-contract SOL. UCC Article 3 governs negotiable instruments.
4. Sale of Goods (UCC Article 2)
R.C. § 1302.98 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year; extensions are barred.
5. Open Account / Account Stated
Open accounts use the 6-year SOL under § 2305.07. Account stated likewise 6 years.
6. Accrual Rule
The cause accrues at breach. Each missed installment starts its own SOL.
7. Discovery Rule for Fraudulent Concealment
Ohio applies the discovery rule narrowly in contract cases. SOL is tolled where the defendant fraudulently concealed the breach (R.C. § 2305.16).
8. Tolling
R.C. § 2305.16 tolls for minority and unsound mind. SCRA tolls for active military service. Defendant absence from Ohio may toll under § 2305.15.
9. Contractual Modification of SOL
Ohio courts permit reasonable contractual shortening of SOL but disfavor extensions.
10. Borrowing Statute
R.C. § 2305.03(B) borrows the shorter SOL when the cause of action accrued outside Ohio against a non-resident defendant.
This is legal information, not legal advice.
- Your written contract may benefit from Ohio's 8-year SOL
- You face a discovery rule or fraudulent concealment dispute
- A borrowing-statute issue arises with an out-of-state cause
- Ohio Rev. Code § 2305.06
- Ohio Rev. Code § 2305.07
- Ohio Rev. Code § 1302.98
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.