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Found 19 results

  1. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks.
  2. Hello Complaint was filed by MIDLAND CREDIT MANAGEMENT stating that 1. Plaintiff acquired, for a valuable consideration, all right, title and interest in and to the claim set forth below originally owed by defendant to Credit One Bank 2. There is due to Plaintiff from the defendant upon an assigned account the sum of $2,601.77 3. A copy of said account is attached hereto as Exhibit "A" 4. Plaintiff notified defended of the assignment and demanded that defendant pay the balance due on the account but no part of the foregoing balance has been paid Wherefore, Plai
  3. 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Levy & Associates, LLC 3. How much are you being sued for? $6,039.97 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Started receiving junk mail from local attorneys, later looked up the court record and confirmed the case. Filed 10/10/19 6. How were you served? (Mail, In person, Notice on door) USPS left no
  4. Well, I'm getting setup for another go around with court. This time I am up against Portfolio Recovery. I will save myself the headache and go straight to arb. This thread will contain any information for future searchers going through something similar in Ohio. JDB - Portfolio Recovery Associates State - Ohio Amount - 2,527.26 I am currently awaiting to be served, I know it will be soon, as I have been keeping an eye on the court docket. It was filed on the 15th so I would imagine it will be here between tomorrow and Friday. Correct me if I'm wrong, but I should essential
  5. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an
  6. Hello! I'll try to show some brevity. I have absolutely 0 legal knowledge, so please be gentle with me. I'm doing my best to research but this all very overwhelming. I thank everyone who responds for their time, patience, and answers. I live in Washington but found out through a relative that I was being sued in Ohio. I used all my money recently on a sick parent, and currently don't have funds or the time from my job needed to return to Ohio for court. I'm considering just letting them get their judgment and then paying off the judgment little by little, because I simply can't a
  7. I have had a complaint filed by a local collections agency. The complaint is for a total of around $1400. The complaint is for hospital bills. However, the one complaint is for 8 different bills with 8 different dates of service and from 2 different hospitals. Does anyone know if in Ohio this can be done? I would think each bill would be required to have an individual lawsuit filed, not one lawsuit defending multiple occurences at different locations. Thanks in advance for any advice
  8. My original post is: I ended up filing MTC Arb since SOL can be complicated for my case, and just got back from a motion hearing. I insisted that I am entitled for arbitration. JDB's attorney did show up, but his argument is nonsensical: he said that JDB don't want to initiate arb since it is expensive, costing them $2K, and they are also afraid that I won't pay the fee... the judge gave us 30 days, but also said he won't disagree that I am entitled for arbitration. If no agreement is re
  9. I've received a Motion to Revive Dormant Judgement from Capital One Bank in the amount of $6305.82. The letter came to me in my previously married name. I have since divorced, returned to maiden name, then remarried. I am unsure of how exactly to proceed as I left my ex-husband in quite a hurry because I feared for my life. I left in Jan. 2008, and because of the rush, I left quite a bit of infomation at that place. I found out 6 months later he was in jail and so I don't know what happened to the stuff and information I left behind. For a while I kept track of my credit report but have
  10. I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ... We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming! Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account. 1- filing was not in proper county of residence against us. - As such, we
  11. Hi I just filed Motion for arbitration, and am now preparing the answer and affirmative defenses. I will post the complaint and my draft of answer and affirmative defenses below. Any critique is welcome! BTW, the case is in Ohio. My questions are: 1. Should it be better to just state "Denied" in the answer? I saw various wordings in denying... but not sure which I should use. 2. How do my affirmative defenses look like? I do want to emphasize arbitration and SOL. (I will not include counterclaim since adding it probably may waive my arbitration right) 3. As for SOL, the alleged card is from
  12. Yesterday I got the summons from a JDB. It is about a citi credit with last activity in 01/2009. I have a few questions related to SOL, and will really appreciate everyone's help and suggestion: 1. The SOL in South Dakota is 6 years. However, in Ohio, some say it is 6 years, but there are also statement that credit card is considered written agreement so SOL in Ohio is 15 years . I would appreciate if anyone can help me to figure out this SOL for credit card in Ohio, especially if there are any case laws.... 2.Even if SOL in Ohio is 15 years, or if it would be difficult for me to argue SOL
  13. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hear
  14. I will start from the beginning, but what I really need help with is strategy and Adm, Interog, and Document request information in Ohio. 1. Who is the named plaintiff in the suit? Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Westlake, OH lawyer 3. How much are you being sued for? $3,5XX.XX 4. Who is the original creditor? (if not the Plaintiff) Home Depot (accrording to the complaint) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on
  15. Ok a little background. I was served properly by JBD (portfolio) last week on November 4, I have 28 days to answer. Debt was allegedly a Walmart account under 900.00 after alot of research here I decided to file a motion for a more definite statement. Today it says: for good cause shown this action is continued and then it goes on to give a hearing date that is ten days from today and it says its for report. My question is what is the hearing about? I haven't filed a answer yet, should I file my answer before hearing? Did I win the motion? Do they have to provide a more definite statement? I
  16. Good morning, I'm looking for some advice. I submitted my answers in time and also submitted my own discovery to Midland's attorney. However, I did not provide any language about making an electronic copy available, which is in Ohio's rules. I also didn't require them to notarize their answers, but I'm not sure if that's required. It's been over 30 days now and I haven't received a response. We are due back in court next week. Should I resubmit my discovery with the corrections and give them another 28 days or should I wait until we are back in court?
  17. I should have done this weeks ago, but thankfully there's still time. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Appears to be in house attorneys 3. How much are you being sued for? $2100 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Registered Mail 7. Was the service legal as required by your state? Yes Process Servic
  18. I'm reposting in this thread as things have changed and I hope to clarify for myself and others. All opinions are appreciated. Brief overview: 1. I'm in Ohio. 2. OC Fifth Third 2007-2008. 3. Debt $900. 4. Served by Asset July 2012. 5. Answered July 2012. 6. Mediation scheduled July 2012. 7. Filed MTC Arb August 2012. 8. Received discovery August 2012. 9. Mediation cancelled August 2012 on grounds that arb was elected. 10. MSJ filed by Plaintiff Janurary 2013 (included affidavit from an Asset "representative" with NO information not established in complaint. MSJ fi