What Happens When A Debt Collector Sues You In Ohio? A Step-By-Step Guide To Responding
Having a debt collector threaten you is a scary experience. In Ohio, unpaid credit cards, personal loans, or debts can easily land you in court. Debt collection lawsuits are common, and most people lose because they don’t know what to do next. Understanding what happens after a suit has been filed and what you should do next can be very helpful.
Step 1: You receive the complaint summons
A debt collection lawsuit is initiated by service of a complaint and a summons. The complaint is an allegation that you owe a certain amount of money to a certain creditor. The summons notifies you that the lawsuit has been filed, and it gives you time to respond.
In Ohio, you generally have 28 days from the time of service to submit your Answer to the court.
Step 2: Filing an answer
One of the biggest mistakes that consumers make is failing to respond to the lawsuit. If you do not respond by filing an Answer within the time allotted, the creditor can ask for a default judgment. This is where the creditor wins the lawsuit by default without your input.
Filing an Answer gives you the opportunity to respond to the creditor’s claims. Once an Answer is filed, the case will continue in the court system rather than resulting in a default judgment.
Step 3: Evaluating possible defenses
Not all debt collection lawsuits are legitimate. They may have solid defenses. These can include:
- Statute of limitations – Ohio has a time limit for filing a lawsuit over unpaid debts. Suing after the deadline will result in the case being dismissed.
- Lack of documentation – The debt collector must prove they own the debt and the amount they are claiming. The lack of documentation will work against the debt collector in court.
- Identity – You can claim that the debt collector is suing the wrong party or that the debt is the result of identity theft.
- Payment – If the amount is wrong or has already been paid, you can raise that as a defense.
These are all defenses that can be raised at the start of the case and can have a significant impact.
Step 4: The litigation process
Once an Answer is filed, the case can move into various stages, including document exchange, negotiations, and hearings. Creditors count on consumers not defending the lawsuit, but it is not easy to defend the case if it is contested.
The case can end in dismissal, settlement, or court decision.
Step 5: Potential consequences of a judgment
If the creditor wins, the court can issue a judgment for the amount due, using methods like wage garnishment or bank account levy. In some cases, they can place liens on your property.
Given these serious consequences, it is usually best to take prompt action in response to a lawsuit.
Talk to a Dayton, OH, Creditor Harassment Attorney Today
Kohl & Cook Law Firm, LLC, represents the interests of Dayton residents who are facing debt collection lawsuits or creditor harassment. Call our Dayton creditor harassment lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
