OFFERING LEGAL CONSUMER
HELP! I JUST GOT SUED!
Every day, in each of the 88 counties in Ohio, creditors file hundreds of lawsuits in Ohio state civil courts seeking money from folks a creditor claims it is due. Just another day, right ? If you are the unfortunate soul from whom the creditor is seeking money, I’ll bet you’ll have a different opinion.
We take pride in assisting our clients out of this spider’s web, saving them money in interest, collection, and creditor attorney fees, and most importantly, protecting the financial security of the household going forward. The information below is a brief overview of a civil collection suit in Ohio.
THE ANATOMY OF A CIVIL COLLECTION ACTION IN OHIO
You get a loan from an entity who extends credit such as a:
- credit card
- rent-to-own contract
- apartment or auto lease agreement
- payday loan
- school tuition
- cell phone
You default on the loan (don’t make payment for 30 days).
The creditor sends you a couple of letters threatening collection action.
You start receiving letters from a professional collection agency, and getting calls at all hours of the day.
The creditor files a lawsuit against you. You now have 28 days within which to prepare and file an Answer with the Court. You need to set forth your position in writing as to why you do no owe the creditor. You must then properly serve all other parties to the suit. IF YOU BLOW THIS 28 DAY DEADLINE, THE CASE IS OVER. You may now want to consider a bankruptcy filing, which was addressed above.
If you do properly and timely defend yourself, the Court will set the matter for a Pre-trial Hearing. You will appear in front of the Court on the time and date selected by the Judge, and briefly state why a trial is necessary in the case.
The Court will then set the matter for trial in a month or so. You and the creditor will appear on that day, and the Court will conduct a trial much like those seen on TV.
If you lose, which is highly likely, the creditor will be given a judgment against you.
The creditor will then start to garnish your financial accounts, and garnish 25% of your take-home pay (net pay) every pay day until the judgment is paid in full. If you own any real estate, the creditor would prefer to file a certificate of judgment against it, and proceed to foreclose on the real estate. None of these scenarios is pleasant.