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Ohio Collections Questions & Answers
1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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1 Answer | Asked in Collections for Ohio on
Q: Hospital bill sent to collections. Now applied for HCAP. They denied it because already sent to colls. Is that legal?

The services were from Feb and March of this year. Insurance was billed and paid their portion but my bill ended up being over $6000. I financially qualify but they are denying me. What recourse do I have?

T. Augustus Claus
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answered on Oct 3, 2023

Ohio's Hospital Care Assurance Program (HCAP) provides assistance to eligible individuals for hospital bills. If a bill is sent to collections before an HCAP application is made or processed, the hospital might still consider the application. However, each hospital may have its policies... View More

1 Answer | Asked in Collections for Ohio on
Q: Can a debt collector put a lien on your car title if monthly payments are being made
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 27, 2023

Debt collectors don't put liens on anything, as they do not own the debt or the account. Generally, when a car payment is not made, the lender repossesses the car and then retains a debt collector to collect on the loan.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

1 Answer | Asked in Collections and Real Estate Law for Ohio on
Q: Large collection attorney firm out of Cincinnati Ohio has placed over 30K on my credit report for a three year lease.

I have disputed tirelessly for four years. Illegal in Ohio to "double dip" someone moved into my apartment one month ( less than one month ) after I moved out and they will not remove this collection. This collection began during COVID (2020) so no attorney would even discuss with me... View More

Nicholas P. Weiss
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answered on May 6, 2024

1) Contest the debt on the three major credit bureaus.

2) If it comes back corrected, then you are done.

3) If it comes back disputed, bring an action under the fair credit reporting act.

The above only applies IF THERE IS NO JUDGMENT. If their is a judgment, then you will...
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2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

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1 Answer | Asked in Collections, Education Law and Legal Malpractice for Ohio on
Q: I have a University that keeps filing suits, and I don't know at all about them until my name is found online. It's bad.

They have apparently filed to take my chance of owning land in my county, and have recently tried to take my wages and have them garnished. I'm a disabled individual since 2011. I haven't received any mail from them since they kicked me from their school. I only know about these things... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Find out what the suits are for, either on your own or through an attorney. Consider consulting with an attorney to learn if you have viable defenses that might be cost effective to pursue in terms of the initial... View More

1 Answer | Asked in Collections and Municipal Law for Ohio on
Q: Getting a certified letter from a debt collector saying I am being sued but the clerk of courts has no record of it?

What is happening and how do I handle it?

Joel Gary Selik
Joel Gary Selik
answered on Dec 17, 2023

It could be for many reasons, including its in a different court, their is a spelling error, it has not gotten to the court records yet, or its a scam.

1 Answer | Asked in Contracts and Collections for Ohio on
Q: Can a defense attorney physically touch a plaintiff?

My wife is trying to collect an unpaid bill by an LLC. By law they have to have an attorney represent them. She was killing them in court today and the attorney rushed her table, picked up her evidence papers and physically shoved her a bit out of frustration. The magistrate did nothing but to tell... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

In addition to, and better than an ethics case, she has a lawsuit for battery.

3 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: I received a voicemail saying I was being sued and to call a number. They claim it's a CC. Statute ran out years ago.

I called them and they said it was $1500, but would be $5000 when it goes to court. Checked the courts and nothing was filed. Can they lie to me and threaten to sue me over a credit card that the statute of limitations ran out on years ago? Told them I don't even remember having the card, but... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

That's probably a scam. Use the Find a Lawyer tab to retain a local attorney and tell them to talk to the attorney.

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1 Answer | Asked in Insurance Defense and Collections for Ohio on
Q: car totaled out money payment sent to me, do I have to give back to insurance company.

car got stolen & totaled, my insurance co paid me a month ago, now says that it was in error that it should have went to finance company instead. i have spent the majority of the money. what can I do legally? can they prosecute me?

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

They probably cannot legally prosecute you but you remain liable to your finance company for the balance owed on the car.

1 Answer | Asked in Copyright, Divorce, Collections and Communications Law for Ohio on
Q: If FBI blocked SSN who's responsible for the fraud thiefs 2016 Cambridge university of surveillance Brian Wayne Ellis

European council offered me settlement I declined it . Arbitration in California, well someone signed it. Not me. Millions gone plus insurance and I have a few things to prove how email address was used ssn no!

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 7, 2023

This sounds like one big scam. There was never any money, you were never going to get anything from the "European Council", whatever that is.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Collections, Municipal Law and Small Claims for Ohio on
Q: Flying a drone, gets stuck on top of commercial building, property manager has to pay get it down, do I have to repay?

I got the drone back, said he may have to charge me because his crew may charge him, I may not be properly licensed but was not near any controlled air space.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney, nationwide such a situation would usually be on the drone operator. If the crew is regularly up there to check equipment or perform maintenance, they could... View More

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

1 Answer | Asked in Car Accidents, Bankruptcy and Collections for Ohio on
Q: I live in ohio. I was unaware my insurance lapsed. I let my son use my car. He had an wreck. Other car was totaled

The insurance company is suing me and my 18 year old son for almost 30 thousand. I own a car and a double wide mobile home on a rented lot. We do not have money like that, none in savings. I also have 2 other children who live here. The insurance company said they will get their money by all means... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry about the accident. I hope your son and everyone else are okay. It sounds like you are being pursued by the carrier's subrogation department. At this point, you could consider reaching out to... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Ohio on
Q: Stop payment on plumbing service

Our basement flooded and we received an estimate for work. We signed the estimate and we’re told it was “no problem” if we changed our mind. We told the company we were getting other estimates and to stop all work. They did an hour of work. We received other estimates that were 75% LESS than... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 26, 2021

Many credit card companies provide you with an option to dispute any charge on your card.

As soon as you dispute the matter, the credit card company with "chargeback" the amount from the Plumbing Company. The credit card company will then attempt to resolve the issue and...
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1 Answer | Asked in Business Law and Collections for Ohio on
Q: My friend got a debt collection letter to appear in court.

Can a debt collection agency sue if they don't have my friend SSN and the report doesn't appear on her credit report. i told her to ignore it I think its a scheme tactic but she is worried?

Joel Allen Holt
Joel Allen Holt
answered on Jul 7, 2021

The question is a bit vague, but generally speaking, the debt collector (or the party owed the debt) can file a lawsuit if they have proof that the debt is valid, outstanding, and binding on your friend. They don't need a SSN to file the suit and the debt does not have to appear on the credit... View More

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A business is charging me for services I never asked for or scheduled with them. What can I do?

A well chlorination company cleaned the well of a house I'm in the process of buying and when I told them a week later that it didn't pass the county's water test they went back out to the house to re-chlorinate without my consent or scheduling anything with me and are charging me... View More

Mark Martin Turner
Mark Martin Turner
answered on Jun 30, 2021

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... View More

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