How to answer a summons

[christopherp216]

Collections

who is suing you Javitch,Block,& Rathbone.

If so i know a few tactics to get around it i am currently in 1 with them right now. Let me ask you when you look at your summons does it even contain the official bearing signature from any of the attorneys or judges if not ide contest that the document is even real. Remember never agree you owe anything odds are 90-100 they have absolutely no proof or records and old account with your name on it and a balance due don't mean nothing in court make them prove you signed a document odds are judge will dismiss with prejudice cause they don't have it. Also make sure you obtain your credit report this company can do some nasty things behind your back if you need help feel free to contact im not a lawyer i can only give advice.

 

[Bosco]

Maybe so but YOU have done much more in my behalf.

Just doing my best to help a fellow consumer.

There is no default date contianed in the summons, only the entering into a written contract prior to xxxx xx, 1995. If I did default on any credit card, to the best of my knowledge, it would have been and well before 2002, even prior to 1995.

They sued you and didn't state when you allegedly went into default? Must have been amateur hour at the law firm. Oh well, that just makes your job easier.

I came across this site The Ohio Consumerist: Statute of Limitations on Credit Cards and wonder if anyone can shed any light on the possible 4 year SOL? Why is Ohio so vague on this issue? I would really like to go into court having the correct SOL in my hands.

That page I sent you in PM has some more info on how you can use the Ohio UCC 4 year SOL. If you argue it correctly (which many have) you should be fine.

Also, it may not even get that far with their admitted lack of documentation. If they don't even have the slightest documentation to prove their case, the SOL is a secondary issue.

 

[Bosco]

I called the Ohio Attorney General's office and the girl I talked to said there is no clear cut definition on the SOL for cc debt in Ohio. It depends on the language used in the cc agreement.

Having said that, how can you be so sure about the 15 years debtcollector? I don't want to start any arguments over this, but if you can point me to any references I would be very grateful.

The merit of my side of this case doesn't rely solely on SOL, I just want to be 100% factual when I file my answer.

That girl was correct. The courts will hear each case on that individually. Unfortunately alot of people don't know what they are doing and can't properly defend against the planitiffs claiming a 15 year SOL. Those who do know what they're doing (and/or hire lawyers) usually don't have much trouble with the 4 year SOL.

Again, more info is in that info I sent you.

 

[Credithis]

Allegation x states:
The account records are not attached hereto because, upon information and belief: (a) Plaintiff is not the original creditor and does not have posession, costudy or control of said records; (b) copies were sent monthly to the Defendant(s), and are or were in Defendant(s)' posession, custody or control: and/or (c) said account records may be voluminous.

This is too rich, no records!! File your own affidavit and sworn denial

The second step is to file a SWORN DENIAL. This step is vital, especially if you don't owe all the money for which you are being sued. Don't lie to the court; if you owe the amount in question, you cannot deny the debt. However, seldom does the collection attorney sue for a correct amount.

The sworn denial is a simple statement filed with the court once you are sued. This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court, and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount".

The sworn denial is a powerful tool! It eliminates the Sworn Affidavit of Account that the collection attorney has. The vast majority of collection suits proceed without a witness for the creditor. The collection attorney enters an affidavit, signed by the creditor, that the debtor owes the debt and that this is the amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney cannot rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again.

Also, the plaintiff will for evidence submitt an affidavit from the junk debt buyer, motion to strike this as inadmissable 3rd party heresay..., more on that if you want it.

 

[otis629]

UPDATE... I filed a MTD prior to my answer and within a few days the Plaintiff filed their voluntary dismissal. Here's what I received in the mail yesterday from the court:

Now comes the Plaintiff, by and through counsel, and does hereby dismiss Defendant, otis629, in the within action without prejudice pursuant to Civil Rule 41( A )( 1 ) at its costs, notice by the Clerk being herby waived.

It is so ordered

signed by Judge


Thank you Credithis and Bosco for your help and guidance to my success.