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Ohio Collections Questions & Answers
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
PREMIUM
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
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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Civil Litigation, Collections, Municipal Law and Small Claims for Ohio on
Q: i received a civil summons in the mail monday then ttoday i got another one exactly the same as the first.

this civil summons is for a debt 7 years ago that they are trying to revivor judgement. i didnt receive papers from the first time. this is the first time ive heard of this debt. its from a perious marriage and i dont know what it is even for. how should i respond to this summons.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 10, 2017

You should consult an attorney. You should definitely not ignore. You may want to consult your divorce attorney. Your divorce decree may discuss who is responsible for the debt. The divorce decree will have no impact or effect upon the Plaintiff/ creditor, but if your wife was to be responsible... Read more »

1 Answer | Asked in Collections for Ohio on
Q: If I default on credit cards & a signature loan, will it go to collection agency first or creditors can immediately
Matthew Williams
Matthew Williams
answered on Aug 4, 2017

The creditors could choose to send it to collections or to sue you. Their choice will likely hinge on two factors: how much you owe and whether or not they believe you are collectible (i.e., whether you have the money or assets to pay). The more you owe and the more collectible they think you are,... Read more »

1 Answer | Asked in Collections and Small Claims for Ohio on
Q: I filed an answer to a complaint in small claims in OH. Can I file a motion to dismiss too? Judge referred to mediation.

This is for a debt collection lawsuit. The judge referred to mediation, the case will come up for review on 08/15. I contacted a mediator (because I thought I had to) and set up mediation for later this week? Should I proceed with mediation, or should I let the case come up for review? I want... Read more »

Matthew Williams
Matthew Williams
answered on Aug 1, 2017

You can file anything. It's chances of success are a different matter. Why do you think the debt collector lacks standing?

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Collections for Ohio on
Q: Can I contact an LLC's bank contacts, employers, etc informing them of a debt that is owed to me?

I am owed over 100K from a business partner (have note) and a collection agency has unsuccessfully tried to get the money for me. The note is in an LLC's name... not my partner's personally. The collection agency asked for $1600 to secure an attorney but now is telling me months later... Read more »

Joseph Jaap
Joseph Jaap
answered on May 2, 2017

If you make those contacts, then the LLC and its owners could sue you for slander, interference with business, and probably other claims that an attorney will include. Use the Find a Lawyer tab to consult a local attorney who can advise you on collecting your debt without getting into trouble. If... Read more »

1 Answer | Asked in Collections and Tax Law for Ohio on
Q: I received a "Notice of Intention to File an IRS 1099-C Form"

This notice was from a CA law office who said it was the legal owner of the debt (not representing a client). There was a 1099-C form for a 2017 event included, along with a settlement offer. I filed a report with the State Attorney General immediately to be prudent. I just moved to OH from MI, and... Read more »

Matthew Williams
Matthew Williams
answered on Feb 6, 2017

It's time to involve a tax attorney. A 1099-C is a form filed by a lender when they cancel a debt. The cancelled debt is considered taxable income by the IRS. You could be about to get a huge tax bill.

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor attempt to collect a debt that was filed as "Avoid lien using 11 USC 522 (f) after a Ch. 7 discharge?

I filed a Chapter 13 in Atlanta, GA, October 2015 and converted it to a Chapter 7 in the spring of 2016. I had a judgment for a college debt that is not a student loan and it was listed as "Avoid lien using 11 USC 522 (f)" due to previous garnishments of my paycheck. The bankruptcy was... Read more »

Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq
answered on Nov 12, 2016

You should send them a copy of your bankruptcy discharge notice. The creditor's attorney may only be looking in Ohio federal courts, instead of the national database. If they continue to pursue you after sending them the notice, you may be entitled to damages for violation of your rights... Read more »

1 Answer | Asked in Consumer Law, Collections and Probate for Ohio on
Q: Should i sign?

Keane legal claim services says they found $50,000 of my fathers (deceased) and for 33%, will get the money for me....as im the only living realative. Is it a scam and should i sign the contract

Matthew Williams
Matthew Williams
answered on Sep 7, 2016

That sounds very suspicious. If there is money out there in your deceased father's accounts, you can probably get it for free from the financial institution holding the account.

1 Answer | Asked in Collections and Criminal Law for Ohio on
Q: I signed a payroll check over to husband for $297 and he cashed it at a local store. The check bounced 6 months ago.

Police just showed up at our home and said If it is not payed by Friday the store is pressing charges and he will be arrested. We called the store where he cashed and offered a pmt plan since money is really tight and he said no if it is not paid by Friday he will press charges. What will happen... Read more »

Matthew Williams
Matthew Williams
answered on Apr 25, 2016

One or both of you could face a charge for passing a bad check. If you do, ask the court for an attorney. You have to commit the offense knowing the check will not cash. Depending upon the circumstances, there may be a strong argument you had no idea a payroll check was no good.

1 Answer | Asked in Collections for Ohio on
Q: I got a loan on a vehicle. I couldn't pay so I called and forfeited the vehicle. I came home from work, no vehicle.

Received a letter stating that the company had possession of vehicle and it would be auctioned off at a specific date. 3 months later I'm receiving calls that they do not have the vehicle and I am still responsible. I do not have the vehicle, but have the letter saying that they have it. What... Read more »

Matthew Williams
Matthew Williams
answered on Jun 23, 2015

Hire an attorney or contact a consumer protection agency. If they lost the car, that would seem to be their problem.

1 Answer | Asked in Collections for Ohio on
Q: I received a NOTICE OF COURT PROCEEDING TO COLLECT DEBT. What happens after I fill out the Payment to Avoid Garnishment
Matthew Williams
Matthew Williams
answered on Feb 25, 2015

If agree to their payment terms, and make your payments, they will not seek a garnishment, which is a court order requiring your employer to give some of your paycheck to them before it ever gets to you.

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