I have received a civil summons on behalf of a BP gas card. The letter states it was filed in a local court, however, the letter is from an atty on behalf of a collection agency. It states I have 28 days to respond. Should I respond to the atty with a letter stating I'm disabled and unemployed and hope they decide not to file for a judgement or should I send him a letter denying the claim and ask for proof and take my chances at court?
-Jen

You have to respond to the court your intention to defend the charge. In the meantime you can also respond to the attorney explaining there is no way for you to pay the debt.

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Originally Posted by ScottGem

You have to respond to the court your intention to defend the charge. In the meantime you can also respond to the attorney explaining there is no way for you to pay the debt.

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Ok, I've sent the atty a letter stating my nephew has no assets or attachable income. I replied to the court and requested copies of the original debt. Any advice for when we actually get to the court room? Is the creditor required to be there or can he send an atty as a representitive? Do they have to show the actual original receipts or will print outs do? Basically what other things are they required by Ohio law to do to prove this debt is his?
Thanks,
-Jen

A representative of the creditor (an employee of the firm, not just a legal rep) will need to be there. I'm not sure if the original documents are absolutely necessary, but certainly legible copies will be.

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Originally Posted by ScottGem

A representative of the creditor (an employee of the firm, not just a legal rep) will need to be there. I'm not sure if the original documents are absolutely necessary, but certainly legible copies will be.

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Ok would the current collection agency be the "original creditor" now if it was purchased from the BP company? I'm asking because this is getting confusing with the original creditor being BP, then sold to a collection agency who hired any attorney. So who legally has to be there and show original documentation (or legible copies)? Also since the lawyer cannot be the plaintiff, what are the chances that an employee will even show up? It's a 3 hour drive and I've already written the attorney that my nephew is disabled with no tangible assets. Do you think they will consider it a giant waste of time and just not show?
-Jen

The creditor is whoever currently owns the debt.

As to the rest I cannot predict.

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Originally Posted by Jenster

Ok would the current collection agency be the "original creditor" now if it was purchased from the BP company? I'm asking because this is getting confusing with the original creditor being BP, then sold to a collection agency who hired any attorney. So who legally has to be there and show original documentation (or legible copies)? Also since the lawyer cannot be the plaintiff, what are the chances that an employee will even show up? Its a 3 hour drive and I've already written the attorney that my nephew is disabled with no tangible assets. Do you think they will consider it a giant waste of time and just not show?
-Jen

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I don't know how it works in Ohio but I know here in NC someone has to be there to represent the company or it will be dismissed just like if you weren't to show up at court on that date then they would put a judgement out against you. If they don't have someone there to represent them then they have no case!