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Ohio Collections Questions & Answers
1 Answer | Asked in Contracts and Collections for Ohio on
Q: Can I be arrested for failure to repay a loan?

I got a call that said if I don’t call back that they would be obligated to take the case to court and advised find my location.

Tim Akpinar
Tim Akpinar answered on Jan 19, 2021

This is something that an Ohio attorney could advise best on, since it could involve elements of state law. But your question remains open for a while. Until you can reach out to an Ohio attorney for more meaningful guidance based on the specific facts of your situation, as a GENERAL premise... Read more »

1 Answer | Asked in Civil Litigation and Collections for Ohio on
Q: I received 2 letters from debt collections for municipal speed cameras 4 months afterward without a formal citation.

I recently received 2 letters from a collection agency stating that I have outstanding debts for speed camera violations in 2 different municipalities in Trumbull County, Ohio. This came as a shock because I never received a formal citation, photograph, or any evidence of any kind that indicated I... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 29, 2020

Contact the municipalities to determine if they are valid, and if they are, then use the Find a Lawyer tab to retain a local attorney to advise you.

1 Answer | Asked in Collections for Ohio on
Q: My son had a medical bill go to collections. Then his insurance company paid claim in full after two appeals.

The billing company was aware of the appeals and my son was keeping them updated on the status. They still sent it to collections. Insurance has finally paid the claim in full so where does my son stand in this situation? Does he talk to the billing company? The collection agency? Both? Is he... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

Dear Mrs. Hibner,

An Ohio attorney could advise best, but your post remains open for two weeks. In most jurisdictions, the recommendation would more or less be standard... You could tell your son to ask the insurance company to provide him with proof of their payment of the claim - that...
Read more »

1 Answer | Asked in Products Liability, Collections and Insurance Defense for Ohio on
Q: Am I required to talk with rental co. for a liability claim investigation? They're wanting to know if I had insurance
Tim Akpinar
Tim Akpinar answered on Oct 2, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. It could depend on your capacity and role in the matter. If you are insured by a carrier, you may want to consult with their examiner or attorney for guidance. Good luck

Tim Akpinar

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Collections for Ohio on
Q: What does No Service on Defendant, mean? The status of a case against me just changed to this.

The case against me is from a creditor.

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

It means the creditor has not been able to properly serve you court documents. They're likely to try some other means to serve you. As soon as you're served you have 28 days to file your answer or they will seek a default judgment.

1 Answer | Asked in Collections for Ohio on
Q: I won a settlement from spouse and never paid. Can I add interest and how much do lawyers fees range?

It was quite a few years ago and she is now married to a successful doctor. She filed BK years ago but I know that the debt cannot be discharged. The amount was a bit larger.

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

Each year the Ohio Tax Commissioner sets the interest rate on judgments. The current interest rate is 4%. As for attorney fees, that range is too large to properly estimate for you. If you choose to hire an attorney for collection, you can ask that attorney for what they're fees would be.

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Hello David. My question would be should the garnishment been taken out of my short term disability ?

If not how could I go about getting that money back?

Joseph Michael Romano Esq
Joseph Michael Romano Esq answered on Jun 23, 2020

There is no exemption in Ohio to protect short term disability payments (received from an insurance company, I presume) from being attached. The only way you can get it back would be to file a bankruptcy (presuming you are having financial difficulties (consult a bankruptcy attorney) and getting... Read more »

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: My job paid me once Unum Ins was sent the doctors info. So when I got my check I saw there was a deduction.

I pay out of my check each week for the short term disability and or income replacement premium. So when my company sent the money the garnishment was already taken out in the sum of 900.00 I hope this helps. I know some states look at employer short disability as income. Not sure where Ohio fall... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 23, 2020

So What is your question?

2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: I was on short term disability from job and got paid from insurance plan through work. Can that be garnished. In Ohio

I have been getting money taken out of my check for the a garnishment while I was working but thought Short term disability was exempt? It was for a old judgment.

Timothy Denison
Timothy Denison answered on Jun 22, 2020

The short term disability should be exempt!!!

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2 Answers | Asked in Collections for Ohio on
Q: The above captioned case is dismissed without conjunction at plaintiffs cost for want of prosecution as to both.

What does that mean? I’m the defendant.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 1, 2020

Plaintiff didn't take any action and so the case is dismissed.

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1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for Ohio on
Q: Can I fight this?

I rented an apartment May 2019 to June 2020. On May 1st my rent was due. I was not going to have the money to pay the rent till after May 7th. On May 6th I got an eviction notice stating I needed to vacate by May 11th. To avoid legal action I left May 9th. I got a final statement yesterday saying I... Read more »

Joseph Jaap
Joseph Jaap answered on May 26, 2020

Yes you can fight it. If they sue you for the money, then you can file an answer to the complaint that they file, and then attend the hearing to offer the lease as your defense. Check with local legal aid, or if your local court has a clinic with volunteers to assist those without an attorney.

1 Answer | Asked in Collections for Ohio on
Q: I received a call today stating that I am being taken to court by a bank. It's all from an overdrawn account from 2009

Does this exceed the statute of limitations in Ohio? They keep telling me that I will have warrants and I honestly don't know what to do. I have never received anything about this.

Nicholas P. Weiss
Nicholas P. Weiss answered on May 14, 2020

This sounds like a scam to me. A warrant is used in criminal proceedings. An overdrawn account would be a civil proceeding. On the off-chance that they are a debt-collector using improper means, you could have a cause of action against the debt collector under the Fair Debt Collections Practices... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your... Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Elder Law for Ohio on
Q: Mom has Alzheimer's. I had to become authorized user on her credit card to access her account. I pay it each month.

The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Probably, yes.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

1 Answer | Asked in Family Law, Collections and Municipal Law for Ohio on
Q: Everything I get when I’m a minor can I take when I move out at 18.

I’m still in high school and I live with my mother

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Sure. Take what is "yours." And if you take something that is not "yours," or she claims is not "yours," she could file a police report for theft. Not a good way to start out being an adult when you turn 18. Can you prove those items are "yours." Do you... Read more »

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A collection agency sent me a pre legal notice in reference to an unpaid unsecured debt. If they sue,

Is my home, owned with my husband, a potential asset in a judgement? The agency is Midland Management and I reside in Ohio

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You might have an FDCPA claim against them, so don't be so quick to allow a judgment to happen. These things can often be fought, and fought effectively.

As for the judgment, yes. It is possible they could file a lien on your house.

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