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  1. #1
    Join Date
    Mar 2008
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    1

    Default Statute Of Limitations In Ohio

    I am a builder in Ohio and have been served papers from a past client asking the court to award him a judgement based on Nuc Pro Tunc. I sued the customer in 2003 because he bounced his last payment to me. I ended up taking less money because it wasn't worth fighting the battle financially. The customer is now saying I did not live up to the settlement agreement which included completion of a punch list. The trades I hired did all of the punch list work and now five years later he decides he wants to take this action. Does anyone know what the statute of limitation is for a case such as this? Thanks

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Statute Of Limitations Ohio

    This would appear to be a breach of contract suit:


    2305.06 Contract in writing.
    Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen years after the cause thereof accrued.

    Effective Date: 07-01-1993

    2305.07 Contract not in writing - statutory liability.
    Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.

    Effective Date: 07-01-1993

    You can find other limitations of actions here, but I don't know what else it would fall under?


    http://codes.ohio.gov/orc/2305

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statute Of Limitations Ohio

    If he's claiming that you didn't comply with the judgment, it would seem that this would be an action to enforce the judgment. Is that, in fact, what it is?

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Statute Of Limitations Ohio

    Quote Quoting aaron
    View Post
    If he's claiming that you didn't comply with the judgment, it would seem that this would be an action to enforce the judgment. Is that, in fact, what it is?

    That may be it, yes, I was concentrating on the "contract" aspect.


    I have the following info:


    Domestic Judgment: 21 renew every 5

    Foreign Judgment: 21 renew every 5

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