Legal Question in Credit and Debt Law in Ohio

Unknown Credit Debt, Now am Summoned

I received a summons to a court in a neighboring county. It is for a credit card company I never have heard of. I checked my credit, and it just appeared on one of the credit beaureaus reports. I have filed a dispute (with the beaureau, not the court) just after I got the summons. I am required in the summons to respond, but the language is vague and confusing. I must reply within 28 days of the summons (It was sent out the 20th of April, I got it the 2nd of May- it was sent to my parents address, where I have not lived for 10 years and underage) to the attorney. It says I must give an answer to the complaint to the attorney and to the court. I cannot afford a lawyer, and am sure this is mistaken Identity. I have been given no records as to the nature of this debt and am very confused as to what to do. How should I respond. Should I go to the courthouse? is the 28 days after I got it or I was summoned? Should I contact the plaintiff's attorney? How do I prove my innoncence when I have no idea of the charge other than I owe money I have never heard of? I am quite poor and this could sink me, even though this is slightly over 1000 dollars. How do I proceed from here?


Asked on 5/08/07, 8:45 am

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Unknown Credit Debt, Now am Summoned

In your case, it is probably best that you talk with a lawyer about your case. Even if he or she decides not to take your case, or you decide not to hire him or her, there are many issues involved here that a lawyer can at least make you aware of. There are costs associated with getting legal advice, but the cost you might be charged could be less than the damage you might receive if the other attorney is able to get a judgment against you. With that, he or she can garnish your wages to get the money or take your personal property to sell. There may also be an effect on your credit score, which can affect your attempts to borrow money in the future. Even if you do not have much money now, you may be able to find an attorney who will work with you on a payment plan or some other arrangement.

That being said, it is very important that you respond to the Complaint in some way within the 28 days. The 28 days will start when service is made. In your case, that probably would be when the Summons was received at your parents' house. Generally you respond to a Complaint by filing an answer, where you respond directly to what is stated in the Complaint and get your Answer "filed" with the clerk at the courthouse.

If you do not respond in some way within the 28 days the other side will probably get a default judgment against you, and you will lose your chance to argue the debt is not yours. By responding or filing an Answer, you are putting the burden on the Plaintiff to prove that the credit card debt actually belongs to you.

Remember, in law there are many complicated issues that can come up, and these issues are best explained and handled for you by someone trained in the law.

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

Read more
Answered on 5/08/07, 10:10 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Ohio