How to file a response
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Posted by Orangedog (150.159.224.8) on July 31, 2002 at 10:01:16:
I'm being sued for an old credit card that is past the 4 year statute of limitations in Ohio. I'm pretty sure that I can make my case that this isn't collectable based on that alone since this account bacame a charge off in 1990. I need to know what to do about two issues regarding this case: First, The summons I was served with says that I have to file a response upon the plantiff's lawyer within 30 days. How do I do that? Do I have to file it at the clerk of courts and send him a copy? Is there any type of format that it has to be in or is it just like writing a letter? The summons didn't have a court date on it, just the date that I have to give the "response." Second, The only evidence that the lawyer filed was an affidavit from the collection agency (asset acceptance) that says I owe them money from a credit card account and that the original agreement is believed to have been lost or destroyed by the original creditor (the bank). Since the judge can pretty much interpret the law as he sees fit, I want to have a fall back plan in case he had a bad night and ignores the statute of limitations. Sure, I could appeal that, but then I would have to get a lawyer and pay more in his fees than the amount that I'm being sued for (I've seen judges in domestic court ignore the law more than a few times, so I want something to fall back on). Can this sued be thrown out if asset acceptance or the bank cannot produce the original agreement? Would a photo copy be admissable, or only the original? Sorry to sound so paranoid, but Murphy's Law is just as bad as anything that is on the books. Any help would be greatly appriciated since I have one week left to file. Thanks.
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