Ohio Code § 1319.02
Ohio Code § 1319.02. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1319.02
- 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
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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 § 1319.02 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 § 1319.02 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.
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