Ohio Debt Collection Summons (2022 Guide)

The last thing anyone wants is to be sued for debt. But, unfortunately, sometimes life throws us a curveball, and we find ourselves in this situation. The best thing you can do is to take legal measures to protect yourself. This means opening and reading all court documents that the plaintiff’s attorney sends you.

Facing a debt lawsuit can be daunting, but with the correct information, it doesn’t have to be. Here we’ll tell you everything you need to know about responding to a Summons for debt collection in Ohio, including deadlines and forms specific to the state. With just a little preparation, you can confidently handle the situation.

We’ll get right to it.

Answering a debt collection summons in Ohio

You have 28 days to respond to a debt collection Summons in Ohio.

Under Ohio’s Rules of Civil Procedure, Rule 12(a)(1) states:

“Generally. The defendant shall serve his Answer within twenty-eight days after service of the Summons and Complaint upon him; if service of notice has been made by publication, he shall serve his Answer within twenty-eight days after the completion of service by publication.”

You have 28 days from the day you received the Summons to file your Answer. This includes weekends and national holidays. Make sure your Answer is filed on or before the deadline.

This deadline is critical. Failing to file an Answer will result in a default judgment against you, which could allow creditors and debt collectors to garnish your wages, seize your property, or freeze your bank account.

The Summons gives you 28 days to respond and argue your case in court. Don’t wait until the last minute to file your Answer. Allow a few extra days in case there are complications.

It is important to file an Answer and appear in court to oppose garnishment, especially if a judgment has already been granted against you.

Answers to Summons forms in Ohio

It is essential to format your Answer correctly and include all the required information. The Ohio court system has specific standards that must be met, and failing to do so could jeopardize the outcome of your case. Be sure to carefully review the text before submitting it to avoid any issues.

How to respond to an Ohio debt collection case

In Ohio, you will receive two documents to begin a debt lawsuit: the Summons and Complaint. The Summons notifies you of the case, while the Complaint lists specific allegations against you. Debtors must respond to a debt lawsuit within 28 days of receiving the Summons and Complaint. Ignoring the lawsuit will not make it go away and will only result in a default judgment against the debtor. Follow these steps to Answer your debt collection case:

1. Respond to each claim listed in the complaint.
2. Provide affirmative defenses.
3. File your Answer with the court, and send a copy to the plaintiff’s attorney.

1. Respond to each claim listed in the complaint

The first section of your Answer document should focus on responding to each claim listed in the Complaint document. Plaintiff’s Complaint will be in numbered paragraphs, each a separate claim. Read each section carefully to determine how you want to respond. You can reply to each claim in three ways:

1. Admit—this is like saying, “This is true.”
2. Deny—this is like saying, “Prove it.”
3. Deny due to lack of knowledge is like saying, “I don’t know.”

When you are sued for debt, it is essential to understand your options. One option is to make a general denial, which means that you deny everything in the Complaint and force the other side to prove their case. This can be beneficial because the burden of proof is on the plaintiff, and denying their claims may cause them not to have the necessary documents or evidence to proceed.

You have the right to a court trial or a jury trial, depending on the state you live in. You can also file a counterclaim with your Answer alleging that your rights under the FDCPA have been violated.

2. Provide affirmative defenses

As you respond to the claims made in the Complaint, you can begin to assert your affirmative defenses. These are legal reasons why the case should be dismissed in whole or part. You can use your defenses to show that the plaintiff doesn’t have a valid point or that the remedy they seek is unreasonable or inaccurate. Additionally, wrongdoing by the plaintiff may also be an appropriate defense.

Some of the most common affirmative defenses used in debt collection lawsuits include:

• You are not the owner or a cosigner on the account, and the case is in error.
• The contract was canceled before goods or services were delivered.
• The statute of limitations has expired, or how long a creditor has to file a suit.
• You have proof that the debt was paid in part, in total, or excused by the creditor.
• You were not informed of your rights and responsibilities as a cosigner.
• You did not agree to the contract or debt, such as identity theft or scams.

Certain defenses are more likely to succeed than others. These include an inability to pay the debt, dissatisfaction with the product or services provided, or personal situations that affect finances, such as divorce.

In addition, defendants may also have counterclaims against the plaintiff. Counterclaims are claims made by the defendant against the plaintiff. For example, a counterclaim might allege that the plaintiff owes the defendant money.

3. file the Answer with the court and send a copy to the plaintiff’s

You only have 28 days to file your Answer with the court before you lose by default, so don’t let it slip through the cracks. Set a reminder on your smartphone so you don’t file in time.

There are several ways to file your Answer with the court. Filing in person is usually the best option so that any problems with your Answer can be resolved before the deadline. However, some courts also accept electronic filing online. This means that you can file your Answer without leaving home.

Make sure to send a copy of your Answer to the plaintiff’s attorneys before the deadline. The term “plaintiff” refers to the person suing you, so be sure to serve the attorneys representing the creditor or debt collector that is suing you.

Check the statute of limitations on debt

There is a limit to how long creditors can try to collect on a debt. This limit, known as the statute of limitations, varies from state to state. Once this period has expired, creditors can no longer sue debtors for payment.

In Ohio, the statute of limitations for credit card debt is six years. This means creditors have only six years from the last activity on an account to sue a cardholder for the debt owed.}

This clock starts ticking from different points depending on your state. Still, generally speaking, it begins when you make your last payment, set up a payment plan, or acknowledge that you owe money. Let’s consider an example.

Example: Willy has a credit card debt in Ohio; the last time he paid for the debt was eight years ago. A debt collector tries to sue him for the debt, but the statute of limitations has expired. Willy uses SoloSuit to draft and file his Answer. In his Answer document, he uses the expired statute of limitations as one of his affirmative defenses. After a few weeks, Willy finds out that the debt collector has dismissed the case voluntarily.

Protect yourself from abusive debt collectors under the FDCPA

Even though debts past the statute of limitations can’t be sued, debt collectors may still try to sue you for them. The consumer must point out to the court that the debt is too old to be enforced. Previously, the statute of limitations for different debts ranged from four to fifteen years. But now, thanks to this legislation, identifying whether a debt is time-barred is much easier.

When you stop making payments on a debt, a clock starts ticking to calculate how much time is left before that debt expires under the statute of limitations. However, each payment you make restarts this clock and makes the debt legitimate again for another period.

Debt collectors may not be able to collect on a debt older than the statute of limitations. This means that even though you still owe the money, the collector may not be able to take any legal action against you. But, failure to pay off the debt can still hurt your credit score.

The FDCP protects consumers from unfair debt collection practices. Some protections provided include the following:

• Debt collectors cannot contact consumers outside 8:00 a.m. to 9:00 p.m.
• Debt collectors cannot contact you at your place of work if they have been notified that your employer does not allow such communication.
• Communication with third parties is limited to the consumer’s attorney or credit reporting bureaus unless the consumer gives express permission for the debt collector to do so.
• If a debt collector receives written notice that the consumer does not intend to pay the debt and asks that collection efforts cease, the debt collector cannot continue to contact the consumer except in limited circumstances.
• Debt collectors cannot use obscene or profane language to collect a debt.
• A debt collector cannot repeatedly call in a harassing or abusive manner.

The law provides for statutory damages that may be recovered in a suit against a debt collector who has violated the law. Creditors harassing debtors for old debts can be countered with a lawsuit by an experienced attorney. The attorney can help the debtor manage the damages that may be owed.

Legal aid organizations in Ohio

Many government-funded organizations provide free legal services to people in need. These organizations can help with debt collection lawsuits. They can often offer representation for those who cannot afford an attorney. Ohio has several of these organizations, which can be excellent legal assistance resources.

Different agencies will have additional requirements for their free or discounted legal services. You will need to contact the agencies or visit their websites to learn more about what they can do for you.

Here are the legal aid agencies available in Ohio:

Community Legal Aid Services, Inc.

50 South Main Street

Akron, OH 44308

(866) 584-2350

Legal Aid of Western Ohio, Inc.

525 Jefferson Avenue, Suite 400

Toledo, OH 43604

(877) 894-4599

The Legal Aid Society of Cleveland

1223 West Sixth Street

Cleveland, OH 44113

(216) 687-1900

Legal Aid Society of Greater Cincinnati

215 East Ninth Street, Suite 200

Cincinnati, OH 45202

(800) 582-2682

Ohio State Legal Services

1108 City Park Avenue, Suite 200

Columbus, OH 43206

(800) 589-5888

Compel arbitration by filing a motion

Arbitration can be an effective way to handle debt lawsuits without going to court. To start, you must ensure that you have a valid arbitration agreement. These agreements typically exist in the original contract with the lender, so review yours carefully to see whether it includes an arbitration clause.

Arbitration is when two parties attempt to resolve a dispute without going to court. An arbitrator is a neutral third party who hears both sides of the case and makes a decision. Many contracts contain an arbitration clause, which can save you time and money by avoiding a trial.

Example: Luis owes $7,000 in credit card debt. He could not pay the debt and stopped making payments two years ago. The credit card company filed a lawsuit against him, and Luis filed an Answer. He read his credit card agreement and found an arbitration clause. Luis then filed a Motion to Compel Arbitration. In Arbitration, Luis explained that he had only owed $2,500 in credit card debt when he lost his job and could not make payments. He had contacted the credit card company to ask for an extension. Instead, he was hit with the highest penalty interest rate allowed by law, late fees, and other assorted fees that continued to snowball the debt. In Arbitration, both sides agreed to settle the debt for the original $2,500 that Luis owed. Both sides avoided the legal fees associated with a lawsuit and were satisfied with the arbitration results.

Here are some key takeaways

Let’s summarize what you need to do to respond to your Summons for debt collection in Ohio.

• You have 28 days to respond to a debt collection lawsuit in Ohio.
• You should respond to the lawsuit by filing an Answer document with the court where you reply to each claim listed in the Complaint and assert your affirmative defenses.
• Don’t forget to make a copy of your Answer and send it to the plaintiff’s attorney.
• The statute of limitations on most types of debt in Ohio is six years.
• Ohio has legal aid organizations that can help you if you cannot afford an attorney.

After a debt lawsuit has been resolved and a judgment has been made, you can start working on repairing your credit.

Good luck!

 

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