Help with a lawsuit please
Date: Tue, 07/13/2010 - 10:00
I took out a credit card with Citibank with a $2400 limit when I started college (I live in Ohio, btw). Needless to say, the card kind of fell through the cracks of my stupidity, and I eventually started getting the collector's calls. I sent a debt validation request last December because I began getting threats of lawsuits from Javitch, Block & Rathbone representing Midland Funding. They responded within 30 days with the validation and last bill stating my last payment as having been in 2006. I didn't know what to do at this point.
A little background info. I am married with three young children. This card was something I did before we knew one another (my husband knows about this whole mess). We own our own house and vehicles; everything is in his name. Jointly we have a checking account. He works and goes to grad school; I stay at home with our young children, thus, I have no income, no assets, nothing of personal value. I wanted to set up a payment plan with the creditors, but they ignored requests I made before sending the validation letter at my request.
On the 3rd, I received a summons in civil action from our county courthouse. The letter includes a return of service of summons (which I have no idea what to do with), and says I must answer within 28 days.
Please, any help would be super. I don't understand legalese at all, and I don't know what my options are as to what I need to do and/or can do at this point. Obviously, I would like a best case scenario, but am completely unsure as to how I can achieve this.
I tried to get some help at another forum, but they were contradictory in their advice, making things exceedingly difficult for me. I am aware of an arbitration clause in the T&S listing AAA and NAF as arbitrators, but I cannot seem to find the T&C from when this card was charged off. Even still (and I've read lots and lots in attempts to understand), I have no idea how to go about filing for arbitration--if I do this before I answer the summons (another thing I'm unsure of how to go about doing the correct way along with discovery)--or if this is something I should even bother doing.
My time is running short, and I've actually contacted legal aid to help me with this matter. I'm having a difficult time getting an actual person to answer when I call them back (they've tried to contact me a few times since I applied online, but apparently I have a privacy manager on my phone that I knew nothing about).
Any help would be greatly appreciated. Thanks!
Sincerely,
Kristin
You need to reply to the summons according to the Ohio rules of
You need to reply to the summons according to the Ohio rules of civil procedure by filing an answer to the complaint (which is a form you fill out) either admitting, denying, or requesting clarification of all the allegations (the numbered paragraphs) in the complaint which should be attached to the summons. You also need to file an appearance, which is another standard form and make copies to send to 1. The plaintiff (certified mail) and 2. Keep for your records while you file the originals with the court. You can get both forms at your local courthouse along with the paperwork to file as an indigent person (which waives your filing fees) if you qualify. See if your local courthouse has some free legal aid for pro se litigants available, the clerk will know.
Arbitration is less expensive than going to court, but not by a lot. I'm not sure of the procedure in Ohio, but try and request it in your answer under "other affirmative matters". The very absolutely first thing you should do is answer the summons and "appear", otherwise the other party can get judgment in their favor.
If you need more emergency help, I recommend www.lawguru.com, it's free (or low cost depending on what you want to do) and you'll be able to get an answer from a licensed Ohio attorney while you're trying to connect with legal aid.
I hope this helps!
