Effective: August 6, 2008
Latest Legislation: House Bill 332 - 127th General Assembly
(A) A joint debtor may make a separate composition or compromise with any creditor. Any composition or compromise shall be a full and effectual discharge to the debtor who makes it, but only to that person, from all liability to the creditor with whom it is made, according to its terms. A debtor who makes such a composition or compromise may take from the creditor a note or memorandum in writing exonerating the debtor from all individual liability incurred by reason of the joint debt. That note or memorandum may be given in evidence to bar the creditor's right of recovery against the debtor. If joint liability is by judgment in a court of record in this state, on production to and filing of the note or memorandum with the clerk of the court, the clerk shall discharge the judgment of record as far as the compromising debtor is concerned.
(B) A compromise or composition with one joint debtor shall not discharge other joint debtors or impair the right of the creditor to proceed against other joint debtors who have not been discharged. A joint debtor who is proceeded against may counterclaim against the creditor for any demand that could have been asserted as a counterclaim had the suit by the creditor been brought against all of the joint debtors.
(C) A compromise or discharge of one joint debtor does not prevent the other joint debtors from availing themselves of any defense, except that they shall not set up the discharge of one debtor as a discharge of the others unless it appears that all were intended to be discharged. The discharge of one debtor is deemed a payment to the creditor equal to the proportionate liability of the discharged debtor.
(D) A compromise or composition by a joint debtor with a creditor does not affect any right the other joint debtors have to call on the discharged debtor for that person's ratable portion of the joint debt.
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Section 2307.01 | Action Defined.
Section 2307.011 | Civil Action Definitions.
Section 2307.06 | Suit on Bond.
Section 2307.07 | Copy of Bond.
Section 2307.09 | Married Woman May Sue and Be Sued.
Section 2307.10 | Wife's Right to Defend.
Section 2307.12 | Next Friend Liable for Costs.
Section 2307.14 | Compensation and Replacement of Guardian Ad Litem or Trustee.
Section 2307.15 | Determination of Insanity of a Party.
Section 2307.16 | Partnership May Sue or Be Sued by Its Name.
Section 2307.17 | Person Claiming Property Interest May Be Made a Party.
Section 2307.18 | Officer Acting Under Process May Interplead.
Section 2307.22 | Joint and Several Tort Liability.
Section 2307.23 | Determining Percentage of Tortious Conduct Attributable to Party in Tort Action.
Section 2307.24 | Joint and Several Liability That Is Not Based in Tort.
Section 2307.25 | Right of Contribution.
Section 2307.26 | Enforcing Contribution One or More Tortfeasors.
Section 2307.27 | Satisfying Judgment - Apportioning Liability.
Section 2307.28 | Release or a Covenant Not to Sue or Not to Enforce Judgment.
Section 2307.29 | Contribution Rights Relation to Other Statutes.
Section 2307.30 | Separate Composition of Joint Debtor With Creditor.
Section 2307.381 | Long-Arm Statute Definitions.
Section 2307.382 | Personal Jurisdiction.
Section 2307.385 | Jurisdiction.
Section 2307.39 | Agreements to Be Bound by Ohio Law.
Section 2307.40 | Members and Officers of the General Assembly Privileged From Answering.
Section 2307.41 | Venue for Aircraft Negligence.
Section 2307.44 | Hazing Civil Liability.
Section 2307.45 | Reciprocity in Enforcing Tax Statutes.
Section 2307.46 | Request for Confidentiality by Woman Bringing Civil Action Based on Abortion.
Section 2307.51 | Civil Action for Damages Related to Crime of Trafficking in Persons.
Section 2307.53 | Civil Action for Damages for Dismemberment Abortion or Partial Birth Feticide.
Section 2307.54 | Civil Action for Abortion After 20 Weeks.
Section 2307.60 | Civil Action for Damages for Criminal Act.
Section 2307.601 | No Duty to Retreat in Residence or Vehicle.
Section 2307.61 | Civil Action for Willful Damage or Theft.
Section 2307.611 | Damages in Actions for Identity Fraud.
Section 2307.62 | Civil Action for Damages by Cable Television Owner or Operator.
Section 2307.64 | Regulating Electronic Mail Advertisements.
Section 2307.65 | Civil Action to Recover Benefits Improperly Paid.
Section 2307.66 | Civil Action for Dissemination of Images.
Section 2307.67 | Civil Action - Critical Infrastructure Facility.
Section 2307.70 | Civil Action for Damages for Vandalism, Desecration or Ethnic Intimidation.
Section 2307.71 | Product Liability Definitions.
Section 2307.711 | Assumption of Risk as Affirmative Defense to Product Liability Claim.
Section 2307.72 | Civil Action for Product Liability Claim.
Section 2307.73 | Liability of Manufacturer - Enterprise Liability Rejected.
Section 2307.74 | Product Defective in Manufacture or Construction.
Section 2307.75 | Product Defective in Design or Formulation.
Section 2307.76 | Product Defective Due to Inadequate Warning or Instruction.
Section 2307.77 | Product Conforming to Representation Made by Manufacturer.
Section 2307.78 | Liability of Supplier.
Section 2307.79 | Compensatory Damages for Economic Loss From Manufacturer or Supplier.
Section 2307.80 | Punitive or Exemplary Damages From Manufacturer or Supplier.
Section 2307.81 | Dissemination of False Information About the Safety of Ohio's Food Supply.
Section 2307.84 | Silicosis or Mixed Dust Disease Claims - Definitions.
Section 2307.89 | Silicosis or Mixed Dust Disease Claim Against Premises Owner.
Section 2307.902 | Silicosis or Mixed Dust Disease Claim - Piercing the Corporate Veil.
Section 2307.91 | Asbestos Claims - Definitions.
Section 2307.941 | Asbestos Claim Against Premises Owner.
Section 2307.95 | Asbestos Claim - Operation of Other Laws Unaffected.
Section 2307.951 | Definitions for Rc Sections 2307.952 to 2307.954.
Section 2307.952 | Disclosures Pertaining to Asbestos Trust Claims.
Section 2307.953 | Motion to Stay Proceedings in Asbestos Tort Action.
Section 2307.954 | Disclosure of Noncancer Asbestos Trust Claims and Cancer Asbestos Trust Claims.
Section 2307.96 | Asbestos Claim - Multiple Defendants - Substantial Factor Test.
Section 2307.97 | Cumulative Successor Asbestos-Related Liabilities of Corporation.
Section 2307.98 | Asbestos Claim - Piercing the Corporate Veil.