Ohio Collections Legal Questions

From what you describe, it appears that the lawn care contractor may have violated a few provisions of the Ohio Consumer Sales Practices Act and the Home Solicitation Sales Act (HSSA) which begins at 1345.21 using the above link.  Among other things the HSSA essentially requires that if the contract is made in your home that there must be a written contract with a written notice of your right to cancel within 3 days.  It is a little more complex than that, but you get the idea.  If you don't get the notice of that right, your 3 days doesn't start to run until you do get it, meaning that may still be able to "cancel" the contract that you didn't have--I know it does sound circular.  Ohio has one of the most pro-consumer, consumer statutes in the country.  Sometimes it really isn't fair, but it seems to be made for exactly a case like this. You COULD just tell them that and cancel the contract, but they would never believe it.  I know, people go to trial over this kind of stuff.  If you do go to trial, in the right case you can actually get 3 times your actual damages, plus attorneys fees.  I don't really recommend this as it seems like you just want them to go away.  It may be helpful to talk to an attorney to be sure that this all applies to the specific facts in your case and then have the attorney threaten legal action.  If that doesn't work, my second recommendation is that you consider paying some nominal settlement, through the attorney, as a little money now is frequently much better than worrying about a lawsuit--but that's just me.  I don't believe in spending legal fees just to prove a point.  Even if you don't ulitmately have to pay the fees yourself because you get an award of fees, it will still save you sleepless nights and more.... Read More

In the State of Ohio if you did not sign any loan documents, then the debts are not yours.  Starting there, however, is only a start.  The question is your husbands estate liable?  The answer could be yes.  However, if he had no estate, then you would not be responsible for his debt. Given the question, the answer is uncertainty until you seek a consultation with a bankruptcy/probate attorney.  It will take a consultation to create a plan of action because of status of the estate, if any, and the totality of your financial condition.... Read More

Regrading the Complaint and subsequent judgment, no it is not required that you be served with anything after the Complaint and before judgment is entered against you if you do not respond to the initial Complaint.  When you are served with a Complaint you have 28 days after service to file an Answer.  If you do not you file an Answer or other responsive pleading, then the Plaintiff can seek a Default Judgment.  The Plaintiff is not required to serve you with a copy of that.  Some Judge's require notice of the default hearing be given, but most do not and it is not a requirement.  For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

While I would need more facts to fully answer you question, if it is a debt for say a credit card, no they cannot put you in jail for that.  It actually may be against the law (Fair Debt Collection Practices Act) for them to claim you can be arrested for failing to pay a debt. Here is some additonal information for you to review: http://www.collectioncenter.com/info_center_links/fdcpa_paper.pdf http://www.ohioattorneygeneral.gov/FAQ/Debt-collection-FAQs   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com  ... Read More

I am assuming that they filed the action in small claims court since it is only for $375.  I would recommend that you do one of two options. 1) Represent yourself pro se and file an Answer with the court.  As you alluded to, you must file an Answer within 28 days of service.  If there is any reason why you may not be liable for the debt, you could deny the claims in the Complaint.  At which time, if it is small claims, they will set the matter for a trial.  If you still cannot get in contact with the attorney you will be able to talk to him then and present your settlement offer.  If they reject it they will then have to prove their case and if the judge finds in their favor they will have to try to collect.  2) The other option would be to hire an attorney for the sole purpose of trying to settle the claim.  Some attorneys may take this on for a very reasonable flat fee due to the limited scope of work.  If you do nothing and they obtain a default judgment they will of course try to collect.  While you state that you have no assets or money at the present time, I am sure you do not always want that to be the case.  Judgments survive quite a long time.  So years down the road you may one day notice 1,000's missing from your bank account (interest, costs and attorney's fees add up significantly over time) to satisfy the judgment.  Or one day you hear a knock on your door and it is the sheriff coming to serve a Writ of Execution (where they take personal belongings, i.e. tvs, computers, etc., and sell them at auction to satisfy the debt).  Basically what I am saying is, it is best try to get this resolved instead of one day possibly seeing all your hard work go to waste.... Read More

I would recommend that you do not ignore any subpoena, discovery request, etc., that is issued as a result of a matter that is currently pending.  If you do so you could be opening yourself up to being held in contempt by the court and may be ordered to pay the attorney's fees of the other party as well as other sanctions.  If you do not believe the discovery request, subpoena, etc., is proper you can file a Motion for a Protective Order prsuant to Civil Rule 26(C) or a Motion to Quash the subpoena pursuant to Civil Rule 45(C).  ... Read More

There is no time frame in which a defendant must pay a judgment and a judge will not and cannot force someone to pay a judgment.  Therefore there will be no order that the defendant will be violating.  A judgment is simply a piece of paper that says you are entitled to X dollars in damages, nothing more.  Once you obtain a judgment, that is when the real work begin.  Often times the easy part is getting the judgment, the hard part is collecting on the judgment.  There are many different methods to try to collect: bank garnishment, wage garnishment, writ of execution, etc.  All the methods are two things in common, they are slow and costly.  You may be able to recover those costs if you are able to collect, but you have to front those costs in the first place.  ... Read More

It is difficult to answer your question directly since it is unknown why the original certified mail was returned “undeliverable”.  If the Summons was sent to a bad address then sending it again via ordinary mail will probably not be sufficient for service.  However if the original mail was returned refused or unclaimed then yes, sending it via ordinary mail will be proper for service. Civil Rule 4.6(C) states that if service of process via certified mail is returned as refused the attorney for the Plaintiff can request the clerk of court send the summons via ordinary mail.  The clerk then must complete a certificate of mailing.  Service is deemed made on the date of the mailing, thus an Answer would be due to be filed within 28 days of the date of mailing.  Civil Rule 4.6(D) governs service of process via certified mail if service is returned as unclaimed.  It is substantially the same as noted above if service is returned as refused.  However, if the summons is sent via ordinary mail pursuant to this rule and it is returned with an endorsement showing failure of delivery it will not be deemed good service.  At that point another method of service must be performed: personal, publication, etc. Service to the Defendant’s attorney is not typically service upon the Defendant, and therefore good service, unless the attorney is also the agent for the Defendant and the Defendant is a corporation or an officer of the corporation.... Read More

A default is a breach of contract.  If you breach a contract, you will be liable for damages resulting from the breach.  A creditor has the right to file suit, should it so choose. You need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

I suggest you at least contact a local consumer rights attorney to discuss any possible defenses you may have to a judgment.  Additionally, each state has unique consumer protection laws to protect its citizens.  Most consumer rights attorney offer free initial consultations.  If you are unable to afford an attorney there are legal aid clinics available in some locations that might be able to assist you.  Please see: http://www.ohiolegalservices.org/public/legal_problem   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Yes, you can collect.  The LLC is a separate entity from the individual, though.  You need to determine whether it the owner, individually, or the LLC that owes you.  Either way, you have the right to collect money owed to you. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies. ... Read More

The FDCPA prohibits a debt collector from collecting a debt that is part the statute of limitations, which is different from state to state, and differs between an oral contract and a written contract; a debt based on a written contract will have a longer life. If the debt is for a medical procedure, I will bet that it is based on a written contract and the life of that debt will probably be about 7-10 years.... Read More