Ohio § 1319.02
Full text of Ohio Ohio Revised Code § 1319.02, with citation guidance and answers to common questions.
§ 1319.02.
(A) As used in this section: (1) “ Contract of indebtedness ” means a note, bond, mortgage, conditional sale contract, retail installment contract,
lease, security agreement, or other written evidence of indebtedness, other than indebtedness
incurred for purposes that are primarily personal, family, or household. (2) “ Commitment to pay attorneys' fees ” means an obligation to pay attorneys' fees that arises in connection with the enforcement
of a contract of indebtedness. (3) “ Maturity of the debt ” includes maturity upon default or otherwise. (B) If a contract of indebtedness includes a commitment to pay attorneys' fees, and if
the contract is enforced through judicial proceedings or otherwise after maturity
of the debt, a person that has the right to recover attorneys' fees under the commitment,
at the option of that person, may recover attorneys' fees in accordance with the commitment,
to the extent that the commitment is enforceable under divisions (C) and (D) of this
section. (C) A commitment to pay attorneys' fees is enforceable under this section only if the
total amount owed on the contract of indebtedness at the time the contract was entered
into exceeds one hundred thousand dollars. (D) A commitment to pay attorneys' fees is enforceable only to the extent that it obligates
payment of a reasonable amount. In determining the amount of attorneys' fees that is reasonable, all relevant factors
shall be considered, including but not limited to, the nature of the services rendered,
the time expended in rendering the services, the amount of money and the value of
the property affected, and the professional skill and expertise of the attorney or
attorneys rendering the services. Unless a court has been requested to make a determination of the amount of attorneys'
fees that is reasonable and finds to the contrary by a preponderance of the evidence,
the following are deemed reasonable amounts: (1) If the commitment to pay attorneys' fees is based upon a specific percentage of the
total principal, interest, and other charges owed on the contract of indebtedness,
the percentage of the total so owed as specified in the contract of indebtedness; (2) If the commitment to pay attorneys' fees is not based upon a specific percentage
of the total principal, interest, and other charges owed on the contract of indebtedness,
an amount equal to the attorneys' fees customarily charged by the attorney or attorneys
rendering the services.
Frequently Asked Questions About Ohio § 1319.02
What does Ohio Revised Code § 1319.02 cover?
Section 1319.02 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 § 1319.02?
A common citation format is "Ohio Revised Code § 1319.02" (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 § 1319.02 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.