Summary
In Ohio, you have 28 days to respond to a debt collection complaint. You can contest the validity of the debt collector by requesting verification of the debt and documentation proving the collectors ownership or assignment of the debt. Before submitting your formal answer, ensure the debts legitimacy and the collectors right to collect it. In your response, address each allegation, include any defenses, and mention any verification requests. To deny unjust enrichment, argue that the collector has no legitimate claim, demand ownership proof, assert no benefit without cause, and highlight the absence of a contract. Consider seeking legal advice for personalized guidance.Full Conversation
I must deliver an Answer to the courts regarding a complaint filed against me from a debt collector
Hey ****! Responding to a debt collection complaint in Ohio involves a few steps. Here are some guidelines:
- Deadline: Typically, you have 28 days to respond after being served.
- Format: Your answer should address each allegation in the complaint, admitting or denying them.
- Defenses: Include any defenses you may have, such as payment or incorrect debt amount.
- Filing: File your answer with the court and send a copy to the plaintiff.
Do you need more information on any of these steps?
Yes. Can I contest the validity of the debt collector?
Yes, you can contest the validity of the debt collector. Here are some points to consider:
- Verification: Request the debt collector to verify the debt, proving they have the right to collect it.
- Documentation: Ask for documentation that proves the collector owns or has been assigned the debt.
- Statute of Limitations: Check if the debt is beyond Ohio's statute of limitations for collection.
Do you need more information on any of these steps?
Do I do that before I give an answer?
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Yes, you can request validation of the debt before submitting your formal answer to the court. It's wise to ensure the debt's legitimacy and the collector's right to collect it. Do you need guidance on how to request this information from the debt collector?
No. How do I give that as an answer before the timeframe expires for my response
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To give an answer before the timeframe expires, follow these steps:
*. Draft Your Answer: Address each allegation in the complaint, either admitting or denying them. Include any defenses you have.
*. Verification Request: If you've requested debt verification, mention it in your answer.
*. File and Serve: Submit your answer to the court and send a copy to the plaintiff before the *-day deadline.
Would you like more details on any of these steps?
How can I deny unjust enrichment to the non original collector
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In Ohio, to deny unjust enrichment to a non-original collector, you can argue that the collector has no legitimate claim to the debt. Here's how:
- Ownership Proof: Demand evidence that the collector owns the debt.
- Benefit Without Cause: Assert that the collector is wrongfully benefiting without a legal basis.
- No Contract: Highlight the absence of a contract between you and the collector.
Would you like more details on any of these defenses?
Yes
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To elaborate on denying unjust enrichment:
- Ownership Proof: Request documentation proving the collector's ownership or assignment of the debt.
- Benefit Without Cause: Argue there's no fair reason for the collector to benefit from the payment.
- No Contract: Emphasize the lack of a direct contractual relationship with the collector.
Would you like more information on how to present these defenses in your response?