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Credit / Debit and Gift Card Laws : Ohio and Federal: Being Sued for Old Credit Card Debt?

Introduction

It's often a good idea to at least consult with an attorney to discuss your options if you get served with a credit card debt lawsuit. This page offers a few hints, but also refer to the Where to go for Free Legal Advice in Franklin County tab at the top of this guide for more information.

Book at the Franklin County Law Library

Consumer Law Pleadings by National Consumer Law Center
Call Number: KF 1040 .A3 C65
Publication Date: Up to date through 2013
Also available as an ebook from the Franklin County Law Library's website at https://lawlibrary.franklincountyohio.gov/.

Ohio Law

Oh. Rev. Code Sec. 2305.06
The statute of limitations for bringing an action on a written contract, which a credit card agreement is, is eight years.The time limit is counted from when a debt became overdue or when a borrower last made a payment, whichever happened more recently.

Forms

Blank Answer WORD
If a credit card company or bill collector sues you, you must file an answer to the lawsuit within 28 days.
Motion - Relief from Judgment - Common Pleas Court (Civil Rule 60B) WORD
If the creditor gets a judgment against you, you can file Motion for Relief from Judgment if you can prove a ground under Oh. Civ. Rule 60(B): (1) mistake,
inadvertence, surprise or excusable neglect; (2) newly discovered evidence (3) fraud or other
misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged or (5) any other reason justifying relief from the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment.
Oh. Rule of Civ. Proc. 60

Answer of debtor
From Franklin County Municipal Court Self-Help Center

Answer to Debt Collector Suit
from Ohio Legal Help.com

Links

Defenses to Credit Card Debt Lawsuits
Nolo Legal Encyclopedia
Know Your Rights in Debt Collection
Kiplinger 7/23/21
Money and Debt
From Ohiolegalhelp.org
Money & Debt Toolkit
from ProSeniors.org.
Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance
Bloomberg 12/8/17
Should I Get a Lawyer if My Credit Card Company Sues Me? It's often a good idea to at least consult with an attorney to discuss your options if you get served with a credit card debt lawsuit.
Nolo Press
No Fresh Start in 2021: Will States Let Debt Collectors Push Families Into Poverty As Pandemic Protections Expire?
National Consumer Law Center
Zombie debts are hounding struggling Americans.
The Guardian 10/16/19. About government benefits debts from overpayments.
When Medical Debt Collectors Decide Who Gets Arrested
Propublica 10/16/19
What Happens When Your Credit Card Company Sues You?
US News 12/18

Last Updated: Jul 29, 2022 11:25 AM
URL: https://fclawlib.libguides.com/ohioconsumercredit
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Tags: consumer law, credit cards, debit cards, gift cards, identity theft