Need some pointers on answering Summons

[sj145]

I Recently got served a summons and was looking for some help on answering it back. Here it is below with appropriate information.

1. Who is suing you?

(I am being sued by applied bank. There attorney is Javitch, Block and Rathbone LLP)

2. For how much?

($1200)

3. Who is the original creditor?

(Applied Bank FKA Applied Card Bank)

4. How do you know you are being sued?

(I received this Summons)

5. How were you served? Were you served?

(Funny thing they just sent it through the mail no delivery conformation or signed signature)

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

( I did get the entry deleted from my credit report)

7. Where do you live?

(Ohio)

8. When is the last time you paid on this account?

( No idea, I would say more than 5 year ago but less than 15 years)

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).

( I am thinking they are just waiting for my response)

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

(I only disputed it with the credit bureaus)

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

(no, I do not recall but most likely not)

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

(Yes it does require a response)

1. Defendant(s) are cardholders of credit card account number XXX XXXXX, and Plaintiff as the card issuer on said account, extended open end credit to Defendant

2. Defendant(s) used the credit card at various times, and thereby requested Plaintiff loan, advance, and/or pay out various sums of money for the use and benefit of the Defendant(s), at Defendant’s(‘) request, which Plaintiff did, to its detriment.

3. Defendant(s) promised to repay all such sums loaned, advanced and/or paid out; Plaintiff made demand on defendant(s) for the repayment of the sum outstanding, but defendant(s) defaulted on this repayment obligation.

4. There is presently due the Plaintiff from the Defendant(s) for the money loaned/ money paid out on defendant’s credit card, the sum of $1,200

5. The account records are not attached hereto because, upon information and belief: (a) copies were sent monthly to the Defendant(s), and are or were in Defendant’s (‘) possession, custody or control; and ( said account records may be voluminous.

6. Plaintiff incorporates by reference herein, each allegation set forth above.

7. Defendant knowingly retained the benefits derived from the use of the credit card account, without having repaid the balance outstanding on the credit card account.

8. Retention of the benefits conferred upon the Defendant(s) under these circumstances would be unjust without requiring the Defendant(s) to make payment for the same.

9. Defendant(s) has/ have been unjustly enriched in the amount of $1200 as Defendant(s) knew or should have known that the credit was not being provided gratuitously.

WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $1,200 with statutory interest from the date of judgment, courts of this action, and such other and further relief as the Court deems just and proper under the circumstances

Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtml

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

(They sent no evidence with it)

14. What is the SOL on the debt? To find out:

(I do not know)

[sj145]

All I need is to be pointed in the right direction so that I can answer this. Where can I find a up to date Ohio civil procedure file?

What do you guys suggest for my defense, Is there something out there to help me word discovery properly? I am not as smart as most of you guys with legal stuff but I am a hard working if you can just point me in the right direction I can take it from there, thank you.

[unusualsuspect]

The SOL on CC debt in OH is really long ( thinking 7+ years...).

Check w/ court and verify this is a real case. If not then you've got an easy FDCPA violation... if it is then--

Answer complaint and deny every count.

You'll have 20-30 days to file answer w/ the court.

[sj145]

In Ohio The SOL is 15 years. I just need some pointers on answering the Summons. Where can I get some good info for this? That is my main problem. I feel that I can defend myself but I will admit I am a little ignorant of court procedures.

[sj145]

bump

[calawyer]

I sent you a pm with some suggestions.

Good luck.