Hello,

I need to file a notice of intent to defend in Ohio, for a claim filed against me in small claims court. I haven't even begun drafting it, but it needs to be filed in court I believe by today. It may be too late actually. I thought I had until today but the court docket indicated service perfected on 9/3/2008. So would that mean that 28 days would have been yesterday?

I am being sued by my creditor, I don't deny that this $ is owed to them, but I do need to defend myself in the sense that I can't afford to pay much in order to repay these debts (3 debts from one bank) I have two kids and only work part time because of day care costs. My husband works full time, but like many we are barely getting by. I am unable to pay a lawyer to help me with this, the ones I called today all want $600 or more to retain and I don't have that, but I also can't afford to just let this go.

So am I hopeless? Or can this be done today?

I realize that this answer likely could be found in archives but appreciate any new answer as I will be balancing work and a 2 and 4 year old today.

Thanks for any help you can extend,

Christy

Quote:

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Originally Posted by ribbit1019

Hello,

I need to file a notice of intent to defend in Ohio, for a claim filed against me in small claims court. I haven't even begun drafting it, but it needs to be filed in court I believe by today. It may be too late actually. I thought I had until today but the court docket indicated service perfected on 9/3/2008. So would that mean that 28 days would have been yesterday?

I am being sued by my creditor, I don't deny that this $ is owed to them, but I do need to defend myself in the sense that I can't afford to pay much in order to repay these debts (3 debts from one bank) I have two kids and only work part time because of day care costs. My husband works full time, but like many we are barely getting by. I am unable to pay a lawyer to help me with this, the ones I called today all want $600 or more to retain and I don't have that, but I also can't afford to just let this go.

So am I hopeless? Or can this be done today?

I realize that this answer likely could be found in archives but appreciate any new answer as I will be balancing work and a 2 and 4 year old today.

Thanks for any help you can extend,

Christy

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You can certainly simply respond - if you aren't out of time - and defend but inability to pay is not a legal defense nor will it keep a Judgment from being entered if it's a legitimate debt.

Do you have a defense such as the Statute has expired?

Because you are so short on time and you do not have an Attorney, I would write a letter to the Court with a copy to the Plaintiff, giving your defense to the action. Small Claims Court is less formal than superior Courts. Your local Small Claims Court also may have "cut and paste" answers available through the Clerk - I'm not sure how Ohio runs things.

What often happens in these cases is the plaintiff is a third party who purchased the debt from someone else. Often they did not get the fuill documentation to verify the debt. So when they walk into court without documentation you can get the case dismissed.

So you want to file a letter with the court simply stating your Intent to Defend because you aren't sure the debt is valid.

You then send a copy to the plaintiff requesting verification.

As Judy said, inability to pay is not a valid defense so don't even go there. If the plaintiff does produce verification your only hope is to negotiate a payment plan.

O.k. thanks for the info!

Christy