State ex rel. Javitch Block, L.L.C. v. Wollsheid
The Ohio Supreme Court held that a debt collector's lawsuit to collect a time-barred debt can constitute a violation of the FDCPA, even if the collector did not know the debt was time-barred. This decision clarifies that filing suit on stale debts is a deceptive practice under the FDCPA, regardless of intent.
Aforeworn detected this change in the Debt Collection (FDCPA / State) space on July 7, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Debt collection agencies, debt buyers, and collection law firms operating in Ohio or subject to FDCPA jurisdiction. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately; ongoing compliance required.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Debt Collection (FDCPA / State) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The court ruled that filing a lawsuit to collect a time-barred debt violates the FDCPA as a deceptive practice, even without knowledge of the statute of limitations expiration. This removes the 'good faith' defense for collectors who unknowingly sue on stale debts.
Who it affects
Debt collection agencies, debt buyers, and collection law firms operating in Ohio or subject to FDCPA jurisdiction.
What you must do
Review all accounts with potential statute of limitations issues and implement procedures to verify debt age before filing suit. Cease litigation on any time-barred debts immediately.
Deadline
Immediately; ongoing compliance required.
Source: https://www.courtlistener.com/opinion/10865490/state-ex-rel-javitch-block-llc-v-wollsheid/
Never miss a change like this again
Aforeworn watches Debt Collection (FDCPA / State) around the clock and alerts you the moment a rule moves — with a plain-English brief on what to do.
Start your free trial