credit card debit letter from court to reply within 28 days no court date was set i'm in Ohio what can happen?

Question

Any lawyers out there? I need free advice. I make about 700.00 a month there is no way I can pay this debt. The letter was sent by regular mail from a Municipal Court. I just want to know if I will be sent to jail? I'm divorced with 3 kids living with my mom I've lost my house and car. The letter was sent to an old address I just want to throw it in the garbage and forget I ever saw it. I'm really a good person I have no addictions that I spend money on it goes strictly to needs rent utilities food. Please Help I'm scared to death this is so embrassing and shameful.

Answer 1

You need to file an answer within the time allowed - 28 days.
If you fail to file an answer they will get an automatic default judgment against you.

You should find out if you were out of the statutes of limitations (SOL) for collecting "before" they filed the suit.

Since you say it is for a credit card, the SOL in Ohio is 4 years from the first time you became 30 days late and never brought the account current leading to the charge off

If you were out of the collecting SOL "before" they filed the suit - include in your answer an "affirmative defense of SOL"

Also, if you were out of the collecting SOL and they have violated your rights in any way, such as in the way they are reporting on your credit reports or in their correspondence to you - file counter claims against them.

If you can afford an attorney, find one that is well versed in the FDCPA and the FCRA.

If you cannot afford an attorney you might call Legal Aid for help. They may not be able to physically stand beside you in the courtroom, but will be able to help you write up your answer and any counter claims you may have.

Regardless if you are planning on doing it yourself or hiring a lawyer, you should do as much reading on your state laws, the FDCPA and the FCRA as you can.
After you have filed your answer, it might help if you drop into the county court room and watch how the cases are handled.

The following link will help you with the correct statutes for your state showing credit cards as open accounts:
http://whychat.5u.com/States/state-oh.html

The following link is for Ohio rules of civil procedures, which you should use to guide you in filing an answer
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

Also, you might want to click on my profile and do some reading in the links I have listed, such as the FDCPA, FCRA, etc.

Answer 2

I'm not sure what the letter is about. If it's from the court you should contact the clerk of court office to confirm what is required of you. If you are being sued consult an attorney immediately. Good luck.

Answer 3

Contact an Attorney so you still have plenty of time to contact the court, this is serious and not something to ignore.

Answer 4

If the letter was from the court, they've already sued you, dude.