Summons

Someone will be along to advise you on what your next step should be. A summons I believe are only issued for actual court date they might have tried to make it look like a legal document. Hold on tight someone will be along shortly to advise you.

ladybug

Does it have a list of questions on it? Were u served by a sheriff? Also, did u sign for it for ur husband?? WHen i first recieved my citaton it also did not have a court date on it but it had a list of facts that u need to answer within a certain time frame!
Hope this helps some,
Ang

The summons does not have questions attached. I was not served by a sheriff. It came by certified mail. I signed for it. The mailman didn't seem to care. I know that may not mean much. It did say that I needed to respond to the court and the plainiff in 28 days. Funny, since it was filed on the 25th of September but I didn't get it until October 2nd. Oh well. the summons basically says that the plainiff wants to be paid in full. I cannot do that. I am willing to respond and try to make payment arranagements but that is all I can do.

How can u respond if there are NO questions? And actually they aren't questions per say but more like paragraphs with statements that u either agree or deny with... they should be numbered...
Does that seem familiar?
Ang

Did you call the county clerk just to make absolutely certain this is a real summons? If not do that first thing.

About the only thing you can do is ask for payment arrangements, but it sounds like you already did that and they shot you down.

Whatever you do stay on top of it, don't let them get a default judgement. I would send them a DV, even if you know it is your debt, you should ask for all the accounting, how they came up with the amount they say you owe, as well as what happened to all those interest free payments. Did you have the payment arrangement in writing? If so, take that, plus the proof of those payments with you to court along with all your financial data. A judge will most likely take your situation in account and will likely set up a payment arrangement you can afford. I am pretty sure from all that I have heard that no judge will order payments you cannot honestly afford.

Does the collector/attorney work for a 3rd party or the credit card company?

What happened after the 12 month period ended? Did you try and reestablish payments? Or did it get let go for a few months?

Answer your summons, call the court to see if it is valid. I would continue to make your payments as you can.

Google civil rules of procedure for Ohio. Generally, answering is just admitting or denying each allegation in numbered paragragh form.

Check the summons for the mini-miranda "this communication is from a debt collector and is an attempt to collect a deb. Any information obtained will be used for ha purpose" if it's on there, it may very well be a manufactured document from the collection agency. (which is a fdcpa violation. I've had that before, no cases were filed, it was just an illegal scare tactic.

First, check with the courthouse w/docket number to ask if the summons is real. My summons had a docket number, three paragraphs/statements about the "case" and the mini-miranda. Although I hoped against hope that it was fake, I called the courthouse and they told me that no court date was set, but I needed to answer by Oct. 29th.

Try not to worry! Answering is your best bet, as others have said, don't let them get a default judgement against you.

Thanks all for your responses. Yes, there were numbered items for me to answer to. LOL...I don't know what I was thinking. Anyway...it is a real summons. I have 28 days to respond or there will be a default judgement. We do not deny the debt and simply want fair payment arrangements. They want the balance in full. I don't have that. I am a bit scared of there response to that. I don't want to loose my house or anything. I will respond quickly and see what happens. I am just nervous about HOW to respond. I want to be honest but not stupid, ya know? I don't want to agree to anything this is unfair or that I should not agree to, ya know?