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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3739
Experience:  30 years of experience
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I just received a notice of court proceeding to collect

Customer Question

I just received a notice of court proceeding to collect debt, stating that they receiveda judgment against me on March 23, 2009. How can they do that? I wasn't aware of any such judgment.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: It says it was filed with the court on March 23, 2009.
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 4 months ago.
Category: Legal
Expert:  Gerald, Esq replied 4 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 4 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This may very well be a scam or an illegal attempt to collect a time barred debt. It is difficult to say without doing a full records check. BUT be very careful in dealing with these people. They may simply be trying to scam you.

In fact, even if a debt judgement was entered in 2009, it may very likely be time barred. OHIO has a 5 year limitation on judgments unless they are renewed. See:

http://codes.ohio.gov/orc/2329.07

(21 years if renewed or revived: http://codes.findlaw.com/oh/title-xxiii-courts-common-pleas/oh-rev-code-sect-2325-18.html)

Additionally, the statute of limitations on debt in Ohio is 6 years.

http://codes.findlaw.com/oh/title-xxiii-courts-common-pleas/oh-rev-code-sect-2305-07.html

So it is very possible that you do not owe this debt AND that the debt collector is violating the Fair Debt Collection Practices Act. If so you can file a complaint with the FTC:

https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc

The best course of action at this point would be to consult local counsel who can look at the Notice you received, check the court records and determine whether any debt actually exists. Most attorneys who do this work will meet with you at little or no cost to assess your case. Additionally, if the debt collector has violated the law you may be entitled to punitive damages as well as attorneys fees.

This link can help you find local counsel:

http://lawyers.findlaw.com/lawyer/practicestate/consumer-protection/ohio

You can also file a complaint with the Ohio Attorney General Office of Consumer Protection:

http://www.ohioattorneygeneral.gov/About-AG/Organizational-Structure/Consumer-Protection

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald