Ohio § 1317.08
Full text of Ohio Ohio Revised Code § 1317.08, with citation guidance and answers to common questions.
§ 1317.08.
(A)(1) No retail installment contract that evidences an indebtedness greater than that allowed
under sections 1317.06 , 1317.061 , 1317.062 , and 1317.07 of the Revised Code , and no retail installment contract in connection with which any charge prohibited
by sections 1317.01 to 1317.11 of the Revised Code has been contracted for or received, shall be enforceable with respect to that excess
indebtedness or charge against any retail buyer or any other person who as surety,
indorser, guarantor, or otherwise is liable on the obligation created by any retail
buyer on any retail installment contract. (2) No security interest created by any retail installment contract described in division
(A)(1) of this section that is greater than that allowed under sections 1317.06 , 1317.07 , and 1317.071 of the Revised Code shall be enforceable with respect to that excess security interest against any retail
buyer or any of the persons described in division (A)(1) of this section, in default
under the terms of the retail installment contract. (B) In order for a retail buyer, or any of the persons described in division (A)(1) of
this section that is liable on the retail buyer's obligation, to avail the retail
buyer or other person of this section, the retail buyer or other person must prove
that the retail seller or the holder of the retail installment contract has been notified
in writing of the overcharge and has failed within ten days of such notification to
advise the retail buyer of a full credit, or the retail buyer or other person must
prove that the overcharge has been willful. A correction of any overcharge within sixty days of the date of making of the retail
installment contract is conclusive proof of lack of willfulness. (C) This section applies to cases in which recovery is sought from the retail seller
or holder of the retail installment contract. (D) If charges greater in amount than those provided for in sections 1317.01 to 1317.11 of the Revised Code are contracted for or received by the retail seller or the retail seller's agent,
assignee, or successor in interest, the retail buyer or the retail buyer's assignee
or successor in interest may recover the total amount of finance charges paid to the
retail seller or the retail seller's agent, assignee, or successor in interest, in
excess of the interest rate that otherwise would apply under section 1343.01 of the Revised Code .
Frequently Asked Questions About Ohio § 1317.08
What does Ohio Revised Code § 1317.08 cover?
Section 1317.08 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1317.08?
A common citation format is "Ohio Revised Code § 1317.08" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1317.08 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.