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IF you are sued question?

Date: Sun, 05/25/2008 - 07:27

Submitted by lmale
on Sun, 05/25/2008 - 07:27

Posts: 742 Credits: [Donate]

Total Replies: 10


I have some questions about being sued by a creditor. What actually happens when they sue you? Can you give me a play-by-play? Also I've been told they can only get the apr amount that ones state's limits are set at. How can I find out what my states limits are, I'm in OHIO? Usually how long/or far past due you are when/before they sue you. Thanks Reny


Do you mean the original creditor or a debt collector?

This applies to debt collectors in your state.

STATE: OHIO

INTEREST RATE

*

Legal: 10%
*

Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

*

Open Acct.: 6
*

Sales Contract (UCC2-725)
*

Written Contract: 15
*

Domestic Judgment: 21 renew every 5
*

Foreign Judgment: 21 renew every 5

BAD CHECK LAWS (CIVIL PENALTY)
The greater of $200 or three times the amount of check and attorney fees (no maximum)

GENERAL GARNISHMENT EXEMPTIONS
See federal law. Garnishment limited to once a month per employee.

COLLECTION AGENCY BOND & LICENSE

*

Bond: No
*

License: No
*

Fee: No


lrhall41

Submitted by pokertramp on Sun, 05/25/2008 - 08:38

( Posts: 512 | Credits: )


The other thing is that at 180 days, the account gets charged off by the original creditor. It then gets sold to a debt collector who if they don't have the original contract, they can't charge more interest than stated above.

It depends on the debt collector who gets the account and if they will sue or not. Some follow the law and some break every law.


lrhall41

Submitted by pokertramp on Sun, 05/25/2008 - 08:40

( Posts: 512 | Credits: )


If you are sued, you will be served with a 'summons and complaint.' You will need to answer the summons, in whatever manner is prescribed by your state's rules of civil procedure. And you must appear in court at the specified date and time. Fail to do this, and the judge will have no choice but to grant them whatever they ask for.


lrhall41

Submitted by unclewulf on Sun, 05/25/2008 - 08:57

( Posts: 3172 | Credits: )


Yes Reny, whatever you do, ANSWER that summons, and there are people here who will help you do that too. I know all the proper civil procedures in my state and county, I have gathered a lot of info for Ohio, so I would be happy to throw some links your way. Right now, I have a busy day ahead and can't stick around too long. Take good care. :)


lrhall41

Submitted by Shazzers on Sun, 05/25/2008 - 11:14

( Posts: 17344 | Credits: )


If you get sued you'll know it because you'll have papers that were served to you by the sheriff.

Take those to a lawyer and pay them to do the rest. Stop reading the internet because you'll only further worry yourself, not to mention the frustration of reading for hours conflicting information, misinformation, etc.

About a week or two after you're served and you're nice and scared to death, they will send you a settlement offer in the mail. Tell your lawyer about it, he may want to read it.
Then take the letter into the bathroom and....
Just never ever fill it out.
BTW that letter will read: you owe *creditor* $xxxx.xx, plus $xxxx.xx, plus $xxx.xx, plus $xxx.xx, plus $xxx.xx
Call us, so we can kindly set up payment plans and steal your checking account number.


lrhall41

Submitted by onebigasstruck2 on Wed, 05/20/2009 - 16:10

( Posts: 49 | Credits: )