Legal Question in Credit and Debt Law in Ohio

collection law

Hello--I received a Summons for Judgement on 2 credit cards. I have been advised to try to settle before the court date. If I am successful in negotiating a settlement, I will get the settlement in writing with the creditor, but what do I need to do to settle with the court (municipal court-Columbus, OH), like filing special forms, etc. Thanks for your help!


Asked on 5/30/07, 3:44 pm

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: collection law

To get the court case terminated, you will need the creditor (or whoever is named as the plaintiff) to file a notice of dismissal with the court. Getting the creditor to draft and file that document should be part of your negotiations in the settlement talks. One the notice of dismissal is filed, the court should close the case. Make sure you get a signed and file stamped copy of the dismissal along with a copy of the settlement agreement for your files.

That being said, if the credit card debt claim is valid against you, it may very well be best to try to settle the matter out of court. Make sure you don't feel like you are being bullied during your negotiations by the creditor though. If you feel at any point that they are trying to bully you, or are unable to come to an agreement, it might be a good idea to contact a lawyer to see if he or she can help negotiate on your behalf. You would be surprised how different a creditor or other attorney acts when dealing with a lawyer as opposed to you.

If you have any further questions, feel free to contact me.

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Answered on 5/30/07, 4:17 pm


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