What Documents Must Be Provided in an Ohio Credit Card Lawsuit?

Failing to repay outstanding credit card debt can result in your creditor filing a civil lawsuit against you. If a creditor wins a judgment, they can pursue garnishment of your wages or bank accounts to collect what is owed. If a credit card company is suing you in Ohio, there are several documents you must provide to the court.

Answer to Summons

When a credit card company sues you, they are required to notify you of the lawsuit filing through a summons. The summons must include the creditor's name, the amount of the suit, a brief summary of the reasons for filing and the date and time of the court hearing. Prior to attending the court date, you must provide an answer to the summons, certifying that you are aware of the scheduled court date and outlining your defense as to why you believe you do not owe the debt. Generally, credit card lawsuits in Ohio are filed with the municipal court, although they may be moved to the general division docket if requested.

Request for Discovery

For a creditor to prove its case against you, it must provide some type of evidence to show that the debt is yours and that it has legal standing to collect. Once you receive the summons, you may file a Request for Discovery with the court or request written validation of the debt directly from the creditor. Once the creditor receives your request, it is required to provide you with supporting documentation of its claim within 30 days. The type of documentation that may be provided as evidence may include original account statements, signature cards or your original credit agreement. At the time of publication, the Ohio statute of limitations on credit card debt is six years.

Evidentiary Documents

If you believe you are not liable for the debt, you must provide evidence to support your claim. For instance, if believe you've already repaid the debt in full, you must provide receipts or proof of payment to prove your argument. If the debt is time-barred, meaning it has exceeded the time frame that the statute of limitations allows for a lawsuit to be filed, you must provide account statements or copies of your credit report to demonstrate the last date of activity on the account. You should also bring copies of any written communications you've had with the creditor regarding the debt.

Considerations

Failure to answer the summons or appear in court at the scheduled time will result in a summary judgment being entered against you. A summary judgment leaves the creditor free to attempt garnishment of your wages or assets. If a summary judgment is entered because you did not receive the original summons, you may be able to have the motion vacated on these grounds. If you feel the creditor has violated any of the terms of the Fair Debt Collection Practices Act, you can file a counterclaim for up to $1,000 plus your court or attorney's fees.