Ohio Code § 1317.12
Ohio Code § 1317.12. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1317.12.
Notwithstanding any agreement to the contrary in a retail installment contract made
on or after the effective date of this section, if collateral for a consumer transaction
is taken possession of by the secured party on default, the secured party shall, within
five business days after taking possession, send to the debtor a notice setting forth
specifically the circumstances constituting the default and the amount by itemization
that the debtor is required to pay to cure the default. Any notice required by section 1309.611 or 1317.16 of the Revised Code may be included as part of the notice required by this section. A secured party who disposes of the collateral without sending notice required by
this section may not recover the costs of retaking possession of the collateral and
is not entitled to a deficiency judgment. The debtor may cure the default within twenty days after the secured party retakes
possession of the collateral, or within fifteen days after the secured party sends
the notice required by this section, whichever is later, by delivering to the secured
party the following: (A) All installments due or past due at the time of such delivery; (B) Any unpaid delinquency or deferred charges; (C) The actual and reasonable expenses incurred by the secured party in retaking possession
of the collateral provided that any portion of such expenses which exceeds twenty-five
dollars need not be delivered to the secured party pursuant to this division, but
shall be added to the time balance; (D) A deposit by cash or bond in the amount of two installments, to secure the timely
payment of future installments by the debtor. The secured party may apply such cash or the proceeds of such bond toward the satisfaction
of the debt in the event of another default by the debtor. During the period between the time a secured party retakes possession of the collateral
and the expiration or exercise of the debtor's right to cure the default, the secured
party shall make the collateral available for inspection by the debtor during reasonable
hours. If the debtor cures the default, the debtor may take possession of the collateral. The secured party shall assemble the collateral and make it available to the debtor
at a time and place that is reasonably convenient to both parties. If the debtor requests the secured party to return the collateral to the place from
which it was taken, the secured party may charge the debtor the actual and reasonable
expenses incurred in returning the collateral to the place from which it was taken,
which amount shall be added to the time balance. A debtor's right to cure the default pursuant to this section may not be exercised
more than once with respect to a single debt. A secured party who reasonably believes that a debtor intends to conceal or remove
the collateral from this state after curing the default may, within five days after
retaking possession of the collateral, move in a court of competent jurisdiction that
the secured party be allowed to retain possession of the collateral as security for
the debt. If the court finds reasonable cause to believe that the debtor intends to conceal
the collateral or remove it from this state, it shall order that the collateral remain
in the possession of the secured party, notwithstanding the other provisions of this
section. If the debtor cures the default, the secured party shall not dispose of the collateral
unless the debtor again defaults, and the secured party shall make such collateral
available to the debtor when the debt is paid in full.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1317.12
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 1317.12?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1317.12 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1317.12 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.