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Expert: Creditwrench - 5/3/2008


Question
QUESTION: In 2001 I opened a credit card account with a 500 dollar limit. I made payments and then fell on hard times and ended up not paying on it, my last payment was in October of 2003. I haven't heard anything from any collections in a few years and on my credit report it say the account was closed and written off. Today I received a summons to court for this card through an attorney and it is requesting $1964.00. Is there a statute of limitations on this card? The attorney's office is also saying I can settle out of court still having a judgement on me if I pay a monthly payment to them that I really can't afford, is there anything I can do to change this situation?

ANSWER: First thing I have to know to answer your question is what state you live in.


---------- FOLLOW-UP ----------

QUESTION: Very Sorry, I live in Ohio.

Answer
SOL is 6 years in Ohio.

So that defense can't be used. So what to do? You have to file a response to the summons within the time limit shown on the summons.

I'd recommend a graduated denial as a response. Follow that up with your discovery demands. Are there any affidavits filed with the case. In the event there are any affidavits I would like to get a look at it. Affidavits are fertile grounds for causes of action to take them to federal court with and that is where you want to end up because that is the only way to stop them cold.

I was just talking to a student from Ohio and he has an affidavit in his filings that isn't even an affidavit although it claims to be. Just because somebody says they are making an affidavit don't necessarily mean that it is an affidavit. There is a definite format that affidavits must follow, in other words, certain things they must say or it really isn't an affidavit. It can easily be objected to and hopefully tossed out of court as nothing but hear say.

If you would like to learn more you can always call me.

Bill Bauer
405-684-9297
405-227-9423  

Collections Law

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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