When Debt Collectors Sue You In Ohio: What Happens After You Receive A Summons?

Receiving a court summons from a debt collector is often intimidating. Most people feel confused and unsure about what to do next. However, it is important to note that ignoring the case may result in an unpleasant outcome. If a debt collector has filed a lawsuit against you in Ohio, it is important to understand the legal process and your rights as a consumer. 

Understanding debt collection lawsuits 

When a creditor or debt collector files a lawsuit against you, it generally means they are seeking a court judgment to pay back the debt they claim you owe. The process begins with service of a summons and complaint against you. The complaint informs you that a lawsuit has been filed and tells you how long you have to respond.

In Ohio, you are given 28 days to respond to a complaint after being served. The complaint contains information from the debt collector, which includes what they are claiming you owe. It is important to read these carefully because they contain the information you need to prepare a response. 

Why you should never ignore a creditor lawsuit 

Many people are unaware that they can lose a debt collection case unless they take swift action. They think they cannot win the case or that the debt is legitimate. However, not responding to a debt collection lawsuit always ends in a default judgment against you.

A default judgment provides a debt collector with strong legal powers to recover the debt. Once a default judgment is awarded to a debt collector, they can:

• Garnishing your wages
• Garnishing your bank account
• Placing liens against your properties
• Adding court costs and interest to the debt

By responding to a debt collection lawsuit, you are able to defend yourself against the claims and ensure that the debt collector doesn’t automatically win. 

Filing an answer to a complaint 

Your response to the lawsuit is called an “answer”. In this document, you respond to all of the allegations made in the complaint and assert any legal defenses you may have.

For instance, you can argue that the amount claimed is not correct or that the debt collector does not have the legal right to collect the debt. This is because debt collectors are not always able to provide documentation to prove that they own the debt.

Besides denying the allegations made against you in the complaint, your answer can also include affirmative defenses. These are legal arguments that show why the debt collector cannot win the case even if some of the allegations are true. 

Common defenses to debt collector claims 

There are various weaknesses that may be contested by the defendant. These include:

• Absence of documentation
• The statute of limitations
• The identity of the debt
• Excessive fees or interest

In some instances, the defendant may even have a counterclaim against the debt collector if they violated federal or state law. 

Call a Columbus, OH, Debt Collections Lawyer Today 

Being harassed by creditors? Kohl & Cook Law Firm, LLC, can help. Call our Columbus consumer law attorneys today to schedule an appointment, and we can begin discussing your next steps right away.