Re: 12 year-old debt collection???

Posted by lawguy (207.68.86.95) on March 21, 2003 at 08:54:40:

In Reply to: Re: 12 year-old debt collection??? posted by Sherry on March 21, 2003 at 08:19:47:

It sounds legitimate, although you should call the court clerk and confirm it.

Yes, certified mail is usually sufficient to serve a summons. Since your husband actually signed for and received it, then service was proper.

You probably need to submit your Answer to the court as well as serve a copy on the plaintiff's attorney.

In your answer you should 1) admit, deny, or claim insufficent knowledge as to each of the allegations made by the plaintiff, i.e. "Defendant denies Paragraph 4 of the plaintiff's complaint." "Defendant is without sufficient knowledge to admit or deny Paragraph 5 of the plaintiff's complaint."

You should also set out your own allegations concerning the rescission of the contract. Basically, what you said in your first post.

And, you should also set out that the suit is barred by the 4-year limitations period governing contracts for the sale of goods, as set out in the Uniform Commercial Code and found in Ohio R.C. 1302.98

Also, if they failed to attach a copy of the contract, or explain why they failed to attach a copy, you should make a "Motion to Dismiss" the complaint for failure to comply with Civil Rule 10.

Hope that helps...

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