Ohio Rev. Code » Chapter 1319
Ohio Revised Code

Ohio Rev. Code § 1319.12 (2026)

Taking assignment of debts

✓ current as of May 2026
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Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
PDF:
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(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 5815.04 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 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, any registrant as defined in section 1321.51 of the Revised Code, or any person registered as a mortgage lender under Chapter 1322. of the Revised Code;

(g) Any public utility;

(h) Any person registered to sell interment rights under section 4767.031 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 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.
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 2006–2025 · leading case: Foster v. D.B.S. Collection Agency, 463 F. Supp. 2d 783 (S.D. Ohio 2006).
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Foster v. D.B.S. Collection Agency, 463 F. Supp. 2d 783 (S.D. Ohio 2006). · cites it 14× “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See Ohio Rev.Code § 1319.12(C).”
Glazer v. Chase Home Fin., L.L.C., 2013 Ohio 5589 (Ohio Ct. App. 2013). · cites it 10× “In his complaint, Glazer alleged the following causes of action: (1) violations of the Ohio Consumer Sales Practices Act (“OCSPA”), against all defendants; (2) violations of R.C. 1319.12, against Chase; (3) conspiracy, against all defendants; (4) intentional misrepresentation of…”
Equable Ascent Fin., L.L.C. v. Ybarra, 2013 Ohio 4283 (Ohio Ct. App. 2013). · cites it 11× “Ybarra moved to dismiss the complaint, arguing that Equable Ascent was a collection agency and failed to comply with R.C. 1319.12. The trial court denied the motion, and both parties moved for summary judgment.”
Credit Invests., Inc. v. Obanion, 2014 Ohio 5799 (Ohio Ct. App. 2014). · cites it 7× “Rather, the uncontroverted evidence establishes that Credit Investments was suing on its own behalf to collect a debt that it had purchased and that it owned.”
CACH, L.L.C. v. Alderman, 2017 Ohio 5597 (Ohio Ct. App. 2017). · cites it 3× “R.C. 1319.12 is not applicable to this proceeding because it applies to collection agencies seeking to recover debts on behalf of other entities.”
Capital One Bank (USA), NA v. Reese, 2015 Ohio 4023 (Ohio Ct. App. 2015). · cites it 4× “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See OHIO REV. CODE § 1319.12(C).”
Deutsche Bank Natl. Trust Co. v. Sopp, 2016 Ohio 1402 (Ohio Ct. App. 2016). · cites it 2× “Appellant argues in his fourth assignment of error that Deutsche is considered a third-party debt collector under R.C. 1319.12 and 15 U.S.C. 1692(a), Fair Debt Collection Practices Act ("FDCPA"), and is excluded by law from foreclosing.”
Pamela Gillie v. Law Off. of Eric A. Jones, 785 F.3d 1091 (6th Cir. 2015). · cites it 2× “” Ohio Rev. Code § 1319.12(A)(1). Just like its federal counterpart, it exempts “[a]ny public officer” from its terms, id.”
Midland Funding, L.L.C. v. Coleman, 2019 Ohio 432 (Ohio Ct. App. 2019). · cites it 4× “{¶ 3} Coleman answered the complaint, denying every allegation, and asserting a variety of defenses, including (1) statute of frauds, (2) improper venue, (3) failure to state a claim upon which relief may be granted, (4) non-compliance with R.C. 1319.12, (5) lack of standing,…”
Unifund CCR Partners v. Young, 2013 Ohio 4322 (Ohio Ct. App. 2013). · cites it 6× “02 (since repealed) and that its assignment of collection rights did not comply with R.C. 1319.12. II. FACTS & PROCEDURAL HISTORY {¶2} Unifund filed its original complaint against Young in Mahoning County Court Area No.”
Hrivnak v. NCO Portfolio Mgmt., 994 F. Supp. 2d 889 (N.D. Ohio 2014). · cites it 2× “Further, a side by side comparison of the proposed amended complaint with the dismissed Complaint shows that Plaintiff is seeking to: (a) re-litigate issues already decided, and (b) pursue a new theory of liability for the alleged failure to adhere to the requirements of R.C. §…”
Equable Ascent Fin. v. Ybarra, 2013 Ohio 4282 (Ohio Ct. App. 2013). · cites it 2× “Ybarra moved to dismiss the complaint, arguing that, because Equable Ascent was a collection agency, it could not bring the suit because it did not have a business location in Ohio as required by R.C. 1319.12(B). Equable Ascent never responded to Mr.”
Show all 18 citing cases →
Ohio Rev. Code § 1319.12(A)(1): 6 cases
Pamela Gillie v. Law Off. of Eric A. Jones, 785 F.3d 1091 (6th Cir. 2015). “” Ohio Rev. Code § 1319.12(A)(1). Just like its federal counterpart, it exempts “[a]ny public officer” from its terms, id.”
Equable Ascent Fin., L.L.C. v. Ybarra, 2013 Ohio 4283 (Ohio Ct. App. 2013). “Ybarra moved to dismiss the complaint, arguing that Equable Ascent was a collection agency and failed to comply with R.C. 1319.12. The trial court denied the motion, and both parties moved for summary judgment.”
Glazer v. Chase Home Fin., L.L.C., 2013 Ohio 5589 (Ohio Ct. App. 2013). “In his complaint, Glazer alleged the following causes of action: (1) violations of the Ohio Consumer Sales Practices Act (“OCSPA”), against all defendants; (2) violations of R.C. 1319.12, against Chase; (3) conspiracy, against all defendants; (4) intentional misrepresentation of…”
CACH, L.L.C. v. Alderman, 2017 Ohio 5597 (Ohio Ct. App. 2017). “R.C. 1319.12 is not applicable to this proceeding because it applies to collection agencies seeking to recover debts on behalf of other entities.”
Credit Invests., Inc. v. Obanion, 2014 Ohio 5799 (Ohio Ct. App. 2014). “Rather, the uncontroverted evidence establishes that Credit Investments was suing on its own behalf to collect a debt that it had purchased and that it owned.”
Ohio Rev. Code § 1319.12(B): 6 cases
Foster v. D.B.S. Collection Agency, 463 F. Supp. 2d 783 (S.D. Ohio 2006). “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See Ohio Rev.Code § 1319.12(C).”
Equable Ascent Fin. v. Ybarra, 2013 Ohio 4282 (Ohio Ct. App. 2013). “Ybarra moved to dismiss the complaint, arguing that, because Equable Ascent was a collection agency, it could not bring the suit because it did not have a business location in Ohio as required by R.C. 1319.12(B). Equable Ascent never responded to Mr.”
Capital One Bank (USA), NA v. Reese, 2015 Ohio 4023 (Ohio Ct. App. 2015). “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See OHIO REV. CODE § 1319.12(C).”
Equable Ascent Fin., L.L.C. v. Ybarra, 2013 Ohio 4283 (Ohio Ct. App. 2013). “Ybarra moved to dismiss the complaint, arguing that Equable Ascent was a collection agency and failed to comply with R.C. 1319.12. The trial court denied the motion, and both parties moved for summary judgment.”
St. Vincent Charity v. Paluscsak, 2023 Ohio 4641 (Ohio Ct. App. 2023).
Ohio Rev. Code § 1319.12(C): 4 cases
Foster v. D.B.S. Collection Agency, 463 F. Supp. 2d 783 (S.D. Ohio 2006). “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See Ohio Rev.Code § 1319.12(C).”
Credit Invests., Inc. v. Obanion, 2014 Ohio 5799 (Ohio Ct. App. 2014). “Rather, the uncontroverted evidence establishes that Credit Investments was suing on its own behalf to collect a debt that it had purchased and that it owned.”
Capital One Bank (USA), NA v. Reese, 2015 Ohio 4023 (Ohio Ct. App. 2015). “A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See OHIO REV. CODE § 1319.12(C).”
McClain v. Cavalry SPV I, LLC (S.D. Ohio 2019).
Ohio Rev. Code § 1319.12(C)(3): 1 case
CACH, L.L.C. v. Alderman, 2017 Ohio 5597 (Ohio Ct. App. 2017). “R.C. 1319.12 is not applicable to this proceeding because it applies to collection agencies seeking to recover debts on behalf of other entities.”
Ohio Rev. Code § 1319.12(D): 2 cases
St. Vincent Charity v. Paluscsak, 2023 Ohio 4641 (Ohio Ct. App. 2023).
St. Vincent Charity v. Paluscsak, 2024 Ohio 3023 (Ohio Ct. App. 2024).
Ohio Rev. Code § 1319.12(G): 1 case
Deutsche Bank Natl. Trust Co. v. Sopp, 2016 Ohio 1402 (Ohio Ct. App. 2016). “Appellant argues in his fourth assignment of error that Deutsche is considered a third-party debt collector under R.C. 1319.12 and 15 U.S.C. 1692(a), Fair Debt Collection Practices Act ("FDCPA"), and is excluded by law from foreclosing.”
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