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Ohio Collections Questions & Answers
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.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: My boyfriend got a letter in the mail from ford that they have a motion to release fund, what does this mean?

He has been being garnished for about 5 months now and we just got a letter in the mail saying the court has granted the plaintiffs (ford) the motion to release funds.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

It means that Ford asked the court to release the money collected from your boyfriend's garnishment and that the request has been granted. Say goodbye to the money.

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1 Answer | Asked in Collections for Ohio on
Q: Is there a way to stop a garnishment that just happened? I can’t afford for them to take out 200 every 2 weeks.

Can I get the Money back that they took out of my pay today? It’s from Capital One and they should’ve known better to approve me after I just went bankrupt.

Matthew Williams
Matthew Williams answered on Jul 26, 2019

You can challenge a garnishment if it exceeds a certain percentage of your pay, if it was improperly filed, or if you reach a settlement with the lender. The court is not going to stop a garnishment because you think the lender should have known better than to trust you.

1 Answer | Asked in Collections for Ohio on
Q: Can wage garnishment happen if I never got anything about a hearing?

I just received documents in the mail yesterday stating my wages will be garnished for an apartment I lived in 5 years ago. I never received anything about a court date or how to settle. They are taking money from my paycheck starting this Friday. Can they cast a judgment without letting me know... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 28, 2018

The rules for giving notice of a case being filed require the court's summons to be sent by certified postal mail and then regular mail, or by other methods. Depending on how the summons was delivered, that could have been deemed sufficient, even though you actually never received it. Talk... Read more »

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: What can be done about a telemarketer that called at 5:45 AM on a Sunday morning and then hung up when answered?

It is an energy company that calls us often, sometimes 2-3 times a day.

Tim Akpinar
Tim Akpinar answered on Oct 15, 2018

You could consult with a collections attorney in your state as to your remedies. If you repost your question in the Collections section of this website, an attorney who works in that area would have a better chance of picking it up.

Tim Akpinar

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Ohio on
Q: My car was listed in a bankruptcy the bankruptcy was dismissed because no collections came forward.

I have been making car payments since than but just recently tried to have remaining balance on my car loan rolled over onto a new car loan. The original bank that finenced me said my car was listed in a bankruptcy. Now I’m in limbo. There’s no actual car payments on my credit report. My new... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2018

If the bankruptcy was dismissed, you still owe the debt.

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?
Joseph Jaap
Joseph Jaap answered on Aug 6, 2018

Normally not, unless he has transferred assets to you to avoid collection. In that case, the court could allow the creditor to trace his assets that went to you and to attach them for collection. The creditor also could obtain financial records from both of you to determine if any transfers... Read more »

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1 Answer | Asked in Criminal Law and Collections for Ohio on
Q: If I sell a phone that needs fixing and the buyer knows that can she press charges on me? Even thought I told her?

The company told me it was the battery but when she went to the company they couldn’t fix it can she press charges on me if I didn’t know it wasn’t just the battery?

Matthew Williams
Matthew Williams answered on May 29, 2018

It would be hard for her to get the police to take this on as a criminal case since you disclosed the existence of a problem at which point she could have asked to have an expert determine whether or not it could be fixed before buying it, but chose not to do so.

1 Answer | Asked in Collections for Ohio on
Q: If you are making payments on a debt, can your wages be garnished?
Matthew Williams
Matthew Williams answered on Mar 23, 2018

That depends on a lot of facts you haven't discussed. Do your payments meet the minimums in particular.

1 Answer | Asked in Real Estate Law and Collections for Ohio on
Q: I sincerely thought this was a mistake being charged more and being taken bck to court

I am being taken to court again for and it's from 2008 by Dec 2008 i had already paid them over 3000 so I thought it was paid off can you help me understand why court letting charge me again

Joseph Jaap
Joseph Jaap answered on Mar 22, 2018

There is no way to answer except having an attorney review the documents. Use the Find a Lawyer tab to retain a local attorney to review the case filing and circumstances and advise you. It depends on what the status of the case is.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: My old roommate owes me $2500 after I covered our rent and utilities when he couldn't afford it. How can I get my money?

It has been 3 years since we lived together. He has not made one attempt to pay me back. He has declared bankruptcy for dealing with debt in other areas of his life (car payments, IRS).

Joseph Jaap
Joseph Jaap answered on Mar 5, 2018

Small claims court can handle a claim under $6000. But his bankruptcy might have terminated your claim. Use the Find a Lawyer tab to consult a local collection attorney.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: my girlfriend broke up with me before paying me back for a vacation we took together. How can I get my money back?

In 2012, we went on vacation and I covered her half of $10,000 total. She was supposed to pay me back when we returned home. She dumped me before I received a dime. When I asked about the money, she threatened to call the police and put a restraining order on me. It has been 6 years. Do I have any... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 5, 2018

Small claims court can handle a claim up to $6000. If more than that, you file a claim in municipal court. But you might have waited too long. The time limit on your claim might be 6 years. Use the Find a Lawyer tab and retain a local litigation attorney.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Do you still owe a judgment that is more than 10 years old?

An account was sent to collections and a judgment was entered against me in 2008. I have never made a payment and I was disabled at the time of the judgment and remain disabled currently. Can the agency garnish my part time wages? Am I still liable for the debt?

Joseph Jaap
Joseph Jaap answered on Mar 1, 2018

Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you, and dal with the credit agency.

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