Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to hear that you have been served in this matter. In Ohio, the statute of limitations
for written contract
(such as your credit card debt) is 8 years. This means that the civil action
for collections against you is still valid, and that you will need to defend the action in order to avoid having a "default" taken against you.
You can always contact the other attorney and speak to him about settlement opportunities. There are various ways to go about negotiating a settlement, some debtors like to do so before they file an answer, others wait until after they have filed an answer to open settlement negotiations because the creditor will have lost the opportunity for an "easy" default judgment. You can ask for a lump sum payment plan (usually the easiest to settle with), or a payment plan. The creditor does not have to settle the case with you, but it is generally in their best interest to find a way to collect money in the most efficient manner possible, as opposed to simply pursuing you in litigation
In response to the lawsuit, you will need to file an Answer to the complaint before the last day to respond passes. If you do not answer in time, the creditor will get a default judgment against you, meaning you lose the case and do not have the right to appear or defend against it. The creditor would then be able to use wage garnishment, bank levies, and property levies to collect the debt. If you appear and litigate the case, you can do so without an attorney, however if it is a substantial debt, you may wish to consider hiring one as it is usually far more helpful to be represented in these matters.
(This is for Lucas Ohio, but the information regarding litigation in the state is the same throughout): http://co.lucas.oh.us/documents/83/Juv%20Ct%20Pro%20Se%20Pamphl_1.PDF
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.