Legal Question in Credit and Debt Law in Ohio

What constitutes validation of a credit card debt for court?

Original creditor is trying to get judgement through attorney for unsecured credit card account. Court advises either payment history or copy of contract is needed for default judgement.

Spears v Brennen case in IL brought some light on this subject. Is one without the other really validation of the debt? Do the ohio Muni courts need validation or verification?

I do want to fight this if I can. Can I cite this IL case? A printout of activity is too easily accessable.Wouldn't it have to be from the original creditor and not one accessed from other means? Since the attorney is speaking for the OC, am I in the wrong(with no chance of winning) to ask to see original contract?

How do I dispute this, just go to hearing and request copy of contract, contact the court, attorney or orginal creditor? Hearing is the 20th of this month. Is it too late to dispute this?


Asked on 8/12/04, 1:21 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: What constitutes validation of a credit card debt for court?

First of all, you need to ask the court for leave to file an answer in the case. If they are asking for a default judgment, you have some work to do. As to support for the debt, I would think that either form would suffice. You should ask the plaintiff for a copy of the contract via a request for production of documents. Just because they don't have enough evidence for a default does not mean that they don't have enough evidence to finally prevail.

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Answered on 8/12/04, 12:31 pm


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