View Full Version : Ohio rules of trial procedures/written instrument
rianw1
Sep 29, 2009, 08:43 AM
Can't find the statue for the state of Ohio for credit card companies must provide origianal contract. Received a summons, going to fightem. Please help
JudyKayTee
Sep 29, 2009, 09:10 AM
You don't need the law - you cannot deny or admit until you see the ORIGINAL contract.
https://www.askmehelpdesk.com/bankruptcy-debt/being-sued-credit-card-debt-385866.html
rianw1
Sep 30, 2009, 11:19 AM
Does the court actually want hand written response?
JudyKayTee
Sep 30, 2009, 12:34 PM
A hand written response to what? Where?
If you are asking about Small Claims Court, it varies by State.
this8384
Sep 30, 2009, 12:37 PM
Judy, I think this-
https://www.askmehelpdesk.com/small-claims/ohio-rules-trial-procedures-written-instrument-400974.html
- may be what he's referring to.
Although it's hard to tell, since the OP chooses to start new threads without providing any information, essentially preventing us from helping him/her.
rianw1
Nov 9, 2009, 10:37 AM
All right guys with your help I was able to put a response together the court must have seen fit to at least appear in court. Have a jan 2010 court date so hoping you can give me some more help or kind of get me in the right direction on what I should do next.
ballengerb1
Nov 9, 2009, 10:41 AM
So a credit card company is trying to collect on an old bill, how old? When was the last transaction made on this account, payment or charge.
rianw1
Nov 9, 2009, 10:42 AM
Sorry was asking about response to a small claim lawsuit. Got that covered in now have a court date
rianw1
Nov 9, 2009, 10:45 AM
Account cpl years old and has been charged off. They wldnt provide me with any statements or contract info so don't have specifics. I'm going to appear in give a solid effort.
ballengerb1
Nov 9, 2009, 10:48 AM
Must be more specifc about the date of the last transaction. Charge off is just an accounting term, it does not negate the debt. Demand in writing proof of debt. Save all correspondence
rianw1
Nov 9, 2009, 11:04 AM
Been at least 2yrs if not 3 yrs
ballengerb1
Nov 9, 2009, 11:59 AM
The reason I am asking for specifics is there is a statute of limitations in each state for each type of date. After the statute runs out you can't be forced to pay. Without an exact date and state I am of not further help, sorry. Illinois Statute of Limitations (http://www.expertlaw.com/library/limitations_by_state/Illinois.html)
emmyjackson
Nov 10, 2009, 07:44 PM
I was sued by a third party and has gone for the first hearing where they wanted me to settle out of court and I asked for trial by judge. The case was postponed and reset, when I went for the second time, I again asked for trial by judge. When we got in front of the judge, I explained to the judge that I never met the third party sueing me and he advised my to get a lawyer.
ballengerb1
Nov 10, 2009, 08:30 PM
3rd party, is that a company or agency that bought the debt from the credit card company? If so, they do not need to know you or vice versa, they own your debt and can sue. I agree, get a lawyer, don't renturn to court without one. How much was the settlement on the dollar?
emmyjackson
Nov 11, 2009, 04:20 PM
3rd party, is that a company or agency that bought the debt from the credit card company?? If so, they do not need to know you or vice versa, they own your debt and can sue. I agree, get a layer, don't renturn to court without one. How much was the settlement on the dollar??
This is a law firm and the amount is almost $6000.00
ballengerb1
Nov 11, 2009, 06:27 PM
They likely bought your debt for pennies on the dollar but, if the debt can be proven , will collect al of that $6K
rianw1
Nov 17, 2009, 08:39 AM
Just received some papers from the debt collector. First set of interrogatories and request for admissions. We have a court date is this a trick by them? They are not through the court or have not been stamped by the court.
rianw1
Nov 18, 2009, 07:42 AM
If small claims in Ohio can't exceed 3,000 how can a debt collector get judgement for more than that?
JudyKayTee
Nov 19, 2009, 09:19 AM
He would go to a superior court.
JudyKayTee
Nov 19, 2009, 09:20 AM
just received some papers from the debt collector. First set of interrogatories and request for admissions. we have a court date is this a trick by them? They are not through the court or have not been stamped by the court.
Once the lawsuit is started all papers do not have to go through the Court nor do they have to be date stamped.
It would be easier to follow what you are asking if all of your questions were on the same thread.