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Ohio Collections Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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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: what do I do if I'm being taken to civil court by a creditor? what are my options?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2024

An Ohio attorney could advise best, but your question remains open for two weeks - and you are likely looking at a limited time window in which to appear/respond. Until you're able to consult with someone in your state who practices in the field of collections defense, the short answer is that... View More

2 Answers | Asked in Bankruptcy, Traffic Tickets, Appeals / Appellate Law and Collections for Ohio on
Q: I have had my license suspended for over 10 years, for an accident I wasn't at fault for how do I get it back

I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Ohio on
Q: I have a timeshare loan I want out of. I can't use the services due to health and time restrictions. Is there any hope?

I have a points program with Bluegreen. I have been paying down the loan and kept yearly fees current. I still owe a good portion of the loan. I have rarely been able to use my points before they expire due to family and work time restrictions. I have also recently developed solar urticaria, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2024

There are attorneys who concentrate their law practices in taking in timeshares. Consult with experienced attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

Q: Sewer company is assessing our taxes with no notice. We tried to open one but was told there was nothing to be opened.

Our county's water and sewer company is assessing our taxes in 3 days. We had no idea we had to pay sewer to another company. We called when we first moved in and was told they could not change the name because we were another utility area so we have been paying this other company for electric... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you're dealing with a confusing and frustrating situation regarding the sewer charges being assessed to your taxes. First, check any documents or notices you might have received when you moved in. Sometimes, utility responsibilities can be listed in closing documents, lease... View More

1 Answer | Asked in Contracts and Collections for Ohio on
Q: Hi I have a question. I was living in an apartment . Me and my ex husband were both on the lease.

We were kicked out bc he would act crazy and the cops were called too much. Well he left Ohio to go to Arizona I moved to a different apartment in Ohio . We both signed the lease but I am the only one stuck paying for it bc the creditors couldn’t find him in Arizona. I don’t think that’s fair... View More

Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

You may be able to sue him for his share.

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
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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

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 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 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 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 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.

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