Ohio Debt Collection Laws: So Much to Discover

Today, March 25, 2013, The National List of Attorneys published the white paper on debt collection law in Ohio, written by Brian Block, the partner in charge of the Consumer/Commercial Collections Practice for Javitch, Block & Rathbone, LLC. JB&R is a creditors’ rights law firm with over 20 years of experience in the areas of Retail and Commercial Collections, Bankruptcy, Landlord-Tenant, Litigation, and Insurance Subrogation. They have been members of The National List for over 18 years.

Brian has been a Partner with Javitch, Block and Rathbone LLC since 2008 and has been with the firm since his admittance to the practice of law in 2003. He received his JD from the Cleveland Marshall College of Law and a BA in both English and Speech Communications from Indiana University. Currently, he is serving his third term on the Board of Directors for the National Association of Retail Collection Attorneys (NARCA). He is also a member of the Debt Buyers Association, the Northern Ohio Creditors Association, the Ohio Creditors Attorneys Association and the Cleveland Metropolitan Bar Association.

Brian worked as a collector during the summers when he was home from college. As a debt collection attorney for 10 years, ninety percent of his practice of law is dedicated to debt collection. His industry experience has “reinforced the idea of empathy, and that the ability to see things through the eyes of others can have a lasting impact in how we conduct ourselves as the representatives of creditors.” He enjoys the opportunity to work with the “tremendous team we have assembled at JB&R. Great people create a great work environment.”  Like the state slogan, his paper shows he has found there is “So Much to Discover” about debt collection laws in Ohio.

Brian Block

Brian warns creditors, “Ohio has enacted a ‘borrowing statute’ with regards to which state statutes of limitations (SOL) apply. If a cause of action accrued in another state and that state’s SOL has passed, the SOL in Ohio is also deemed to have expired. As such, if a written contract indicates that it is governed by the laws of a particular state, then if that state has a shorter SOL, you may be precluded from filing a suit. In the event that a determination can’t be made as to a contract’s ‘Governing’ state (either because of unfamiliarity with the original creditor or the terms and conditions of the contract are unavailable), you risk violating FDCPA and state law by suing on an obligation where the SOL has passed.

JB&R’s proprietary software features reporting capabilities that allow clients secured internet access to their files for auditing and review.  They take pride in their history of high recovery percentages, attorney involvement throughout the life of a file, document management solutions, and post-judgment recovery programs. They handle accounts in Ohio, Indiana, Kentucky, Tennessee, Texas, and West Virginia, providing both effective pre- and post-suit collection strategies, as well quality legal representation on behalf of its clients.

Outside of work, the firm was recently named Donor of the Month for their support of the Boys & Girls Club of America. They also support a corporate work/study program for local high school students, the Susan G. Komen Race for the Cure event, and they are launching a United Way campaign later this year. Brian also enjoys spending time with family and friends, playing golf and traveling.

The National List thanks Brian for submitting this paper and for telling us something about himself and the firm. You can access the paper at http://www.nationallist.com/white_papers/ohio.