Expert: Barnette Law Offices, LLC - 12/8/2008

Question
Hi,

I am writing in regards to the proper format for an "answer" to a summons.  I live in Ohio, with my sister who became permanently disabled on 08/30/2006.  She had 7 strokes.  I am her power of attorney.  She has been in a nursing home since the strokes.  She receives $1250.36 a month in disability payments.  Ohio law requires she pays all but $40.00 of her income to Medicaid.  So when her income increases so does the amount she is required to pay... She can only keep $40.  She has been summons to collect debt on a credit card($1,246.13).  I know i need to supply Power of Attorney forms, but what is a proper "answer" and to whom do i send it to?  The lawyers i have contacted won't help because she has no money, and Legal Aide said it is a no defense because she owes the money... They told me that I am on my own...I don't know where to turn... I hope you can help me format the proper response to the court...

Thanks
Dave

Answer
Dave:

Just copy the format in terms of the caption and deny what you can or move for a More Definite Statement.  There are many examples online to be found.  In addition, you would want to plead the statute of limitations and estoppel if the debt was purchased by a third party.

Jason Barnette
Barnette Law Offices, LLC
http://www.barnettelawoffices.com
615-585-3885