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Ohio Collections Questions & Answers

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 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 to the... 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.

Timur 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 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 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 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 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 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 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 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 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.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on

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

I plan to file Bankruptcy Chapter 7 soon. A company has filed the lawsuit against me and is not the original creditor. They bought the debt from the original creditor. Can I still add this to my bankruptcy? and if so, who do I list (the original or the purchaser or both)?

Stuart Nachbar answered on Feb 24, 2018

Yes you can add them, and I would list both the original creditor and the person that purchased the debt

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1 Answer | Asked in Animal / Dog Law, Business Law and Collections for Ohio on

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

I am feeding/caring for all 8. It's been 9 days since their FIRST oppyto pick all back up. Can I charge boarding and can I place a "veterinarian" style lien until invoice is paid if/when they decide to pick up?

Joseph Jaap answered on Feb 7, 2018

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.

1 Answer | Asked in Collections, Probate and Estate Planning for Ohio on

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

The medical bills were in his name. He and I had separate health insurance companies.

He applied for the credit card, it was in his name only, and all the charges were made by him.

Joseph Jaap answered on Jan 17, 2018

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.

2 Answers | Asked in Civil Litigation and Collections for Ohio on

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

I have not been able to work for over 2 years due to many surgery's on my knees. My husband works but we live paycheck to paycheck and we don't own any property. Can you give me some idea of what will possible happen?

Joseph Jaap answered on Jan 15, 2018

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... Read more »

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1 Answer | Asked in Civil Litigation and Collections for Ohio on

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

The summons of Judgment is for past due medical bills. I was given 28 days to answer the summons. My husband and I were able to gather the $1616.35 owed plus the $110 for the attorneys filing fee. For a total of $1726.35. There is no interest amount stated. Who do I contact to pay this before it... Read more »

Bruce Martin Broyles answered on Jan 7, 2018

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... Read more »

1 Answer | Asked in Contracts, Collections and Small Claims for Ohio on

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

Joseph Jaap answered on Jan 2, 2018

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.

1 Answer | Asked in Small Claims and Collections for Ohio on

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

Upon calling was told I could set up a payment plan for $200 a month starting on the 15th Email sent an email a DocuSign agreeing to this and gave them my debit card information two days later I have received another DocuSign saying that it is paid in full and that there is no balance due but I... Read more »

Matthew Williams answered on Dec 12, 2017

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.

1 Answer | Asked in Collections, Small Claims and Contracts for Ohio on

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

I fell behind in making my payment agreements after leaving my lease a few months early , I emailed the corporate office to pick back up the payments but I must of waited too late because its being sent to an attorney, I still want to make payments to clear the balance.

Matthew Williams answered on Dec 7, 2017

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.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on

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

The debit is for a total of $1726.64 which includes their 4% interest rate. My wife and I live on retirement income and social security income. I have been told our income can not be garnished. Is this True? Should I still appear in court? Should I hire an attorney ?

Bruce Martin Broyles answered on Dec 4, 2017

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...
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1 Answer | Asked in Small Claims, Collections and Consumer Law for Ohio on

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?

Matthew Williams answered on Dec 1, 2017

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... Read more »

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