Served With A Collections Lawsuit

[JLoh1970]

Hello Experts. I live in Ohio, Franklin County.

I received a summons today. I am being sued by Professional Investments & Finances LLC for $1787. I have never heard of these people and I never had any credit with them. I did get a request for payment from them about six months ago and I sent a request to them asking whom the original creditor was. They never responded.

The exhibit they attached shows a charge off statement, last billing date 6/6/2003. It does not show anything about who the original creditor was.

About a year and a half ago I got a copy of my credit report and started fixing up my credit. I did have a couple outstanding credit card balances and I had a couple offers of settlements from them. I took all the offers and paid them. I don’t see any open accounts for collection now on my credit report.

My first thought is that I have paid this account to the original creditor through and offer of settlement, but can be 100% sure since I don’t know who the original creditor was/is. Maybe I missed something. Since there are like 3 credit reporting agencies and I only used one to clean up my credit.

I know that I have to file an answer or they will get a default judgment. So here are my questions:

1.) Should I try to get a dismissal for statue of limitations and does anyone know what they are for Ohio?

2.) Should I file some type of Motion of Discover to get information on who the original creditor is?

3.) Both 1 and 2?

4.) When I file an “Answer” how should it be formatted? I am looking at the “COMPLAINT” filed by the Plaintiff, could I just format the “Answer” pretty much the same way, except but “ANSWER” where it says “COMPLAINT” with the rest of the info my answer of course.

Any other info anyone could provide would be great, thank you in advance.

James

[cricket00]

well, i'm no expert, but the SOL in ohio is pretty high.
it's up to 15 for written contracts.

[Betty3]

You indicated you don't know what this debt is but did mention you had some credit card debt in the past. If this is a credit card debt, courts in Ohio are for the most part considering credit cards as written contracts with a 15 year SOL.

[JLoh1970]

It says its from a credit card, but it doesn't say from who/where, etc. I really think it was something that has already been settled. So I won't worry about SOL, but I am still not sure how to write up an "Answer".

Any sites out there that show some kind of template or something?

Also, how about a request for them to supply me with info on the origional creditor, would this be a motion of discover?

Thanks.

[Madmanmike1972]

Good luck in your research, use "Google" Find some good affmirmative defenses too, and get that Discovery (Request For Production)

[JLoh1970]

Thanks for the key words Mike.

I filed an answer which I denied each allegation in the complaint because "defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation...."

I also included some affirmative defenses, I only picked the ones that seemed to be relevant to my case but there are still fourteen of them. I am wondering if this will appear as if I am just trying to bombard them with everything? I didn't want to do that, but didn't want to lose out on any of my defenses should I not have claimed them.

I also filed a request for production of documents and interrogatory. I asked for the name and address of the original creditor. How the account was opened, a detailed accounting-principal, a list of all witness they planned to call, detailed account history, and how the debt was purchased. Also some supporting documents in the documents request.

I haven't received anything from the plaintiff yet, but I did receive a notice from the court for a pretrial hearing.

I read up what I could find on pretrial and it sounds like the judge will just make sure both parties have there i's dotted and there t's crossed? Anyone want to give me a heads up on what I can expect at pretrial?

I also have a question about Unjust Enrichment. Does my Unjust Enrichment defense mean that if the debt was a credit card and I owed them $1000, the plaintiff bought the bad debt for $500, the plaintiff shouldn't be entitled to any more then the $500 because that's all the damages they had?

Again, thanks for the tips Mike. If anyone has any comments/advise/etc please feel free to post. Even if I lose my case, I am learning some stuff about the court system which is pretty cool.


James L