Ohio Collections Questions & Answers

Q: Can wage garnishment happen if I never got anything about a hearing?

1 Answer | Asked in Collections for Ohio on
Answered on Nov 28, 2018
Joseph Jaap's answer
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 to the attorney for the creditor to try to work it out, or use the Find a Lawyer tab to retain a local attorney.

Q: What can be done about a telemarketer that called at 5:45 AM on a Sunday morning and then hung up when answered?

1 Answer | Asked in Consumer Law and Collections for Ohio on
Answered on Oct 15, 2018
Timur Akpinar's answer
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

Q: My car was listed in a bankruptcy the bankruptcy was dismissed because no collections came forward.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Ohio on
Answered on Sep 30, 2018
Timothy Denison's answer
If the bankruptcy was dismissed, you still owe the debt.

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?

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
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 happened and the dates of transfers.

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?

1 Answer | Asked in Criminal Law and Collections for Ohio on
Answered on May 29, 2018
Matthew Williams' answer
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.

Q: If you are making payments on a debt, can your wages be garnished?

1 Answer | Asked in Collections for Ohio on
Answered on Mar 23, 2018
Matthew Williams' answer
That depends on a lot of facts you haven't discussed. Do your payments meet the minimums in particular.

Q: I sincerely thought this was a mistake being charged more and being taken bck to court

1 Answer | Asked in Real Estate Law and Collections for Ohio on
Answered on Mar 22, 2018
Joseph Jaap's answer
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.

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?

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
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.

Q: my girlfriend broke up with me before paying me back for a vacation we took together. How can I get my money back?

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
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.

Q: Do you still owe a judgment that is more than 10 years old?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Ohio on
Answered on Mar 1, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you, and dal with the credit agency.

Q: Can I add the creditor (who bought my debt) to my Bankruptcy Chapter 7 if they've filed a lawsuit against me?

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Answered on Feb 24, 2018
Stuart Nachbar's answer
Yes you can add them, and I would list both the original creditor and the person that purchased the debt

Q: A rescue organization (501c3) placed 8 cats in my cafe for adoption. They have been given 5 oppys to pick back up.

1 Answer | Asked in Animal / Dog Law, Business Law and Collections for Ohio on
Answered on Feb 7, 2018
Joseph Jaap's answer
If there was no written agreement, give them an invoice and a deadline, and if not paid and picked-up, tell them they go to the pound.

Q: My husband passed away last April. Am I legally responsible for his unpaid medical and credit card bills?

1 Answer | Asked in Collections, Probate and Estate Planning for Ohio on
Answered on Jan 17, 2018
Joseph Jaap's answer
Those debts are the responsibility of his estate to pay. You are not personally responsible to pay them. But creditors still might pester you for payment. If so, use the Find a Lawyer tab to contact a creditors rights attorney.

Q: I have a pending civil case for failure to pay credit card account. What happens if I can't pay it?

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Answered on Jan 15, 2018
Joseph Jaap's answer
The court can issue a judgment against you for the amount of the debt. The creditor then can go to court again to try to collect on that judgment, which could include having the court order an employer to garnish wages by withhold a certain amount each payday. The creditor also could try to take any other property you own, like a car, to repay the debt. Call the attorney who is listed in the court summons and try to negotiate a reduction of the debt and a payment plan. If you simply can't...

Q: I was issued a summons of Judgment by mail on 01/16/2018.

1 Answer | Asked in Civil Litigation and Collections for Ohio on
Answered on Jan 7, 2018
Bruce Martin Broyles' answer
Yes. You need to file an answer. Even if you intend to pay the amount in full, you need to either file an answer or contact the attorney who filed the complaint to get the complaint dismissed. Otherwise you will have a judgment rendered against you. A judgment can hurt your credit rating. It is something you can do on your own, but you may want to find an attorney who would help for a nominal fee.

Q: Can I sue for money I spent on personal travel to see a friend who eventually bailed on me?

1 Answer | Asked in Contracts, Collections and Small Claims for Ohio on
Answered on Jan 2, 2018
Joseph Jaap's answer
You would have to sue him in his state and city. Even if you won a $300 claim, you then would have to go to court again to try to collect it.

Q: Received a phone call saying that I had a Check Into Cash debt from 2004 and was being summons to court

1 Answer | Asked in Small Claims and Collections for Ohio on
Answered on Dec 12, 2017
Matthew Williams' answer
Cancel your debt card and inform the bank you've been the victim of a scam. Courts do not call people to summon them into court.

Q: After your account from a rental property is sent to an attorney what then happens ? Collection agency takes it ?

1 Answer | Asked in Collections, Small Claims and Contracts for Ohio on
Answered on Dec 7, 2017
Matthew Williams' answer
The attorney may turn it over to collections or file a lawsuit against you. You should call the attorney. If you are willing to work out a payment plan there is no reason for you to be sued or to have the debt wind up in collections.

Q: I'm being sued in civil court over outstanding credit card debit. I'm 76 living on a fixed income. Do I have any option

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on
Answered on Dec 4, 2017
Bruce Martin Broyles' answer
Your pension and docial security cannot be garnishdd. However, if the judgment creditor attaches your bank account you will have to prove that the funds came from an exempt source.

Alternatively, if it is a credit card not issued by a National Bank, they cannot charge interedt anove the statutory maximum, and they cannot compound the interest.

You could defend yourself and assert that you did not sign any agreement agreeing to these interest charges

Q: Hello i owe on a credit card and now they are suing me for the balance the paper states i need to reapond? How?

1 Answer | Asked in Small Claims, Collections and Consumer Law for Ohio on
Answered on Dec 1, 2017
Matthew Williams' answer
You respond by filing a document with the court. The most common is simply known as an answer, which is a document in which you respond point by point to the allegations in the complaint. There are also several motions which may be filed as a response before, with, or after the answer. As with any court issue, it is advisable to hire an attorney.

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