Answer a Summons for Debt Collection in Ohio (2025 Guide)

Getting sued for debt is never fun. You must take immediate legal action to protect yourself.

Open and read all court documents that arrive. Do not ignore the Summons and Complaint.

You have 28 days to respond to a debt collection lawsuit in Ohio. There is no filing fee. Check the statute of limitations on your debt before responding.

This guide makes responding to a debt lawsuit easier. We cover Ohio-specific deadlines, forms, and filing procedures.

Ohio Deadline for Answering a Debt Collection Summons

You have 28 days to respond to a debt collection Summons in Ohio.

Under Ohio’s Rules of Civil Procedure, Rule 12(a)(1) states you must serve your Answer within 28 days after service of the summons and complaint.

These are 28 calendar days, not business days. Count from the day you received the Summons.

If the 28th day falls on a weekend or national holiday, file by the last business day before the deadline.

Missing this deadline leads to a default judgment against you. With a default judgment, creditors can garnish your wages, seize your property, and freeze your bank account.

You need to respond within 28 days to argue your case in court. Don’t wait until the last minute.

Allow a few extra days for complications. You should also file an Answer if you want to challenge garnishment after a judgment.

Ohio Answer to Summons Forms

The fastest way to create an Answer in Ohio is using a specialized form. Our partner Solo can help you draft a properly formatted Answer in under 15 minutes.

You can also create an Answer on your own using a general Ohio form. The basic format is similar, but you must fill in all blanks yourself.

Your Answer must be formatted correctly and include specific information. Using a proper form ensures you meet Ohio court standards.

The information you include or exclude significantly impacts your case outcome.

Steps to Respond to a Debt Collection Case in Ohio

When you get sued for debt in Ohio, you receive two documents: the Summons and Complaint.

The Summons notifies you of the lawsuit. The Complaint lists the specific allegations against you.

Read them carefully and take action within 28 days. Follow these three steps:

Step 1: Answer Each Claim Listed in the Complaint

The Complaint contains numbered paragraphs. Each paragraph is a separate claim.

Read each paragraph carefully. Determine how you want to respond.

You have three response options:

• Admit – This is like saying “This is true.”
• Deny – This is like saying “Prove it.”
• Deny due to lack of knowledge – This is like saying “I don’t know.”

Many attorneys recommend making a general denial. Deny everything in the Complaint and force the other side to prove everything.

When you get sued for debt, the burden of proof is on the plaintiff. Denying their claims forces them to prove their case.

If they don’t have the necessary documents or evidence, the case might get thrown out.

Step 2: Assert Your Affirmative Defenses

After responding to each claim, assert your affirmative defenses. These are legal reasons the case should be dismissed.

You can use defenses to show the plaintiff doesn’t have a case. You can also show that the remedy they seek is unreasonable or inaccurate.

Common affirmative defenses in debt collection lawsuits include:

• You are not the owner or cosigner on the account
• The contract was canceled before goods or services were delivered
• The statute of limitations has expired
• You have proof the debt was paid in part or in full
• You were not informed of your rights as a cosigner
• You did not agree to the contract or debt (identity theft or scams)

Avoid defenses like inability to pay, dissatisfaction with the product, or personal situations like divorce.

If you deserve compensation for wrongdoing by the plaintiff, make a counterclaim in your Answer.

Step 3: File the Answer with the Court and Send a Copy to the Plaintiff’s Attorney

You have 28 days to file your Answer before you lose by default. Set a reminder on your smartphone.

You can file your Answer in person or by certified or express mail. Some courts accept electronic filing online.

Filing in person with the court clerk is recommended. If there are any issues with your Answer, you can address them before the deadline.

After filing with the court, make a copy. Send it to the plaintiff’s attorneys before the deadline as well.

Our partner Solo can help you file your Answer quickly and correctly.

Check the Statute of Limitations on Debt in Ohio

The statute of limitations is the deadline on your debt. Each state determines how many years a collector can collect on debt.

Once the statute of limitations expires, collectors no longer have grounds to sue for that debt.

In Ohio, the statute of limitations on credit card debt is six years. This applies according to Ohio Rules of Civil Procedure Section 2305.06.

Ohio’s statute of limitations for medical debt, auto loan debt, student loan debt, and personal loan debt is also six years.

Debt collectors have only six years from the last payment to sue someone for a debt.

Collectors can still file a lawsuit even if the statute has expired. You must stand up for your rights and bring up the Ohio statute in court.

If you prove the debt is past the statute of limitations, the case should be dismissed.

Statute of Limitations on Debt in Ohio

The statute of limitations clock starts when the last action is made on an account. This includes payments, making a payment plan, or acknowledging the debt is owed.

Before you make any payments or admit to owing a debt, check your state’s statute of limitations.

Debt Collection Laws in Ohio Keep Debt Collectors in Check

Debt collectors in Ohio must abide by Ohio Revised Code Section 1321.45. These laws ensure they do not take advantage of or harm consumers.

The laws state that debt collectors should not:

• Fail to identify themselves when they contact you
• Call your coworkers, employer, family, or friends about your debt
• Communicate with you through postcards
• Add information on the envelope showing it’s for debt collection
• Communicate with you once you refer them to your attorney
• Phone you before 8 a.m. or after 9 p.m.
• Call you at work if your employer is against such communication
• Contact you after you send a valid cease and desist letter (unless they’re informing you of a lawsuit)
• Use profanity, abusive, or demeaning language
• Mislead you to believe they work for the government or are an attorney

Ohio debt collection laws protect consumers. They also favor creditors and support their efforts to collect money consumers genuinely owe.

The law allows debt collectors to contact you for a debt you owe. They can inform you of legal action they plan to take if you don’t pay.

Before you start paying the debt, send a Debt Validation Letter. Ensure the debt is yours and the amount is correct.

The FDCPA Can Protect You from Abusive Debt Collectors

The Fair Debt Collection Practices Act (FDCPA) offers you protection from unfair business practices by Ohio debt collectors.

The laws are similar to Ohio state laws with limited variation. Under the FDCPA, if a creditor violates these laws, you can file a legal action against them.

You can potentially receive $1,000 in damages. The debt collector may also be ordered to pay your attorney fees and other legal costs.

Even though the law prevents lawsuits for debts past the statute of limitations, debt collectors will still try to sue you.

You must bring the problem of the debt’s age to the court’s attention to have the action dismissed.

Some protections provided by the FDCPA include:

• Debt collectors cannot contact consumers outside 8:00 a.m. to 9:00 p.m.
• Debt collectors cannot contact you at work if your employer doesn’t allow such communication
• Communication with third parties is limited to your attorney or credit reporting bureaus
• If a debt collector receives written notice that you don’t intend to pay, they cannot continue to contact you except in limited circumstances
• Debt collectors cannot use obscene or profane language
• A debt collector cannot repeatedly call in a harassing manner

You may sue and collect statutory damages if a debt collector violates the legislation. If creditors are harassing you for an old debt, contact an experienced attorney.

Ohio Garnishment Laws – What They Say

Ohio garnishment laws appear to favor creditors. However, some clauses protect a percentage of your income to ensure you can provide for your family.

Wage garnishment gives the debt collector the right to take a portion of your income in payment for an outstanding debt.

A creditor can only garnish your wage when they sue you and win the case. Afterward, they file for a Writ of Garnishment.

If it goes through, they receive a garnishment order. They must send a notice for garnishment to you and your employer.

Outstanding taxes, child support, and student loans do not require a court garnishment order to be deducted from your income.

Federal law and Ohio Revised Code set limits on wage garnishment. Creditors and debt collectors can only garnish the lesser between:

• 25% of your disposable income or;
• The amount that exceeds thirty times the federal minimum wage per hour ($7.25)

The disposable income is the amount that remains after mandatory deductions and taxes.

The amount garnished for debt in Ohio is not standard for all debts. For child support orders, they can cut up to 50% of your disposable income.

For student loans, an administrative order gives them permission to garnish up to 15% of your income.

Ohio garnishment laws prevent an employer from firing you because you have a debt garnishment order in place. However, this protection ends if you receive more than one debt garnishment order.

Stop Wage Garnishment in Ohio

You can stop the garnishment process if you believe the order will prevent you from meeting your basic needs. You can also stop it if the order violates a law that protects your income.

Here are three ways to stop wage garnishment in Ohio:

• Object to the wage garnishment: Request a hearing to contest the garnishment. File a written objection with the courthouse that gave the order. Once the court agrees to give you a hearing, present your evidence. Wait for the court to give its judgment when it may remove or adjust the garnishment order.
• File a claim of exemption: Ask the judge to exempt a portion of your income from being garnished. Reasons include you are the head of the home, your income supports the family, your earnings fall below the federal poverty line, the debt collector wants to take more than they should, and your wages qualify for public benefits exemptions.
• File for bankruptcy: This should be the very last resort. Filing for bankruptcy can help you start fresh if you have no means to pay your debts and a garnishment order. You have two options: Chapter 7 or Chapter 13 bankruptcy.

You can stop a garnishment order by settling the debt for less than you owe. The garnishment order takes a lot of time and energy.

Most creditors would rather get a portion of their money and end the process.

Settle Your Debt Lawsuit in Ohio

Settling debt after receiving a debt collection lawsuit can salvage an almost devastating financial situation. Creditors often welcome the idea if you play your cards right.

Here are the steps to help you settle debt in Ohio:

1. Respond to the lawsuit with an Answer before the deadline. In Ohio, the deadline is 28 days. Filing an Answer allows you to give your side of the story. Use the Summons and Complaint documents to draft your Answer. The Complaint lists all the claims the creditor has against you. In your Answer, address each claim and deny any applicable to push the plaintiff to prove their case. Next, list the affirmative defenses that will help build your case.
2. Make a settlement offer and negotiate with the creditor until you reach a reasonable deal. Make sure your offer is in good faith and you’re honest about your financial situation. Some creditors investigate to confirm if the reason for nonpayment is legitimate.
3. Have the settlement agreement in writing to avoid receiving another lawsuit for the same debt. As part of the debt settlement agreement, you should request that any pending lawsuits be dismissed.

Our partner Solo can help you draft a settlement agreement and negotiate with creditors effectively.

How to Get Debt Relief in Ohio

Ohio offers multiple relief programs that can directly help you pay off your debts. These programs can also indirectly help by providing necessities you require to stay afloat.

Programs that help those who qualify receive or pay for basic items like food, shelter, utilities, and health care:

• Ohio Works First: Provides financial assistance for up to 36 months
• Housing Development Assistance Program: Offers emergency installations and repairs for handicap accessibility
• Ohio Medicaid Healthy Start and Healthy Families: Provides no-cost healthcare
• Save the Dream Ohio: Offers support to families at risk of foreclosure

To qualify for these programs, you must have a bank balance below a certain amount (often less than $2,000). You must also have an income below a certain amount for every category you are in.

If you have some money saved up or have a sustainable income, debt relief involves strategies that can help you pay off your debts.

Use the snowball strategy to clear the smallest debt first as you move to the next smallest. Continue making the minimum payment for the other debts.

The opposite approach is the avalanche method. You pay the largest debt first.

You can also consolidate your debt. Get a new loan with a better interest rate to pay off all the other debts.

Ohio Legal Aid Organizations

Every state has at least one government-funded organization that provides free legal services. Ohio has several.

You can contact these legal services for help with debt collection lawsuits if you cannot afford an attorney.

Each agency has certain requirements for its free or discounted legal services. Contact the agencies or visit their website for details.

Here are the legal aid agencies available in Ohio:

Community Legal Aid Services, Inc.
50 South Main Street
Akron, OH 44308
(866) 584-2350

Legal Aid of Western Ohio, Inc.
525 Jefferson Avenue, Suite 400
Toledo, OH 43604
(877) 894-4599

The Legal Aid Society of Cleveland
1223 West Sixth Street
Cleveland, OH 44113
(216) 687-1900

Legal Aid Society of Greater Cincinnati
215 East Ninth Street, Suite 200
Cincinnati, OH 45202
(800) 582-2682

Ohio State Legal Services
1108 City Park Avenue, Suite 200
Columbus, OH 43206
(800) 589-5888

Some legal aid services are provided by geographical area. If there is a legal aid organization in your city, start searching for a pro bono attorney.

If you contact an agency that cannot help you because of your primary address, they should refer you to the right agency for your area.

File a Motion to Compel Arbitration

A Motion to Compel Arbitration can help keep your debt lawsuit out of court. The first step is ensuring you have a valid arbitration agreement.

These agreements usually exist in the initial contract you had with the original lender. Read yours carefully to see if it contains an arbitration clause.

Arbitration is a popular way to settle disputes outside of court. Arbitrators take an oath of fairness and impartiality.

You can present evidence supporting your side of the case. Many contractual agreements contain arbitration clauses.

Using arbitration can save you from having to fight a debt collector in court.

What Is a Certificate of Judgment in Ohio?

A certificate of judgment grants the creditor permission to collect a debt owed through the court where the case was heard.

The document seals the judgment the court gave. The judgment is captured in Section 2329.07.02 or 2329.04 of the Ohio revised code.

Afterward, you are required to pay the creditor the amount listed in the judgment. If you fail to pay, they have the legal right to put a lien on your property.

To get a certificate of judgment in Ohio, the debt collector should have won the debt collection case. They later file for a certificate of judgment if you failed to pay part or the entire debt within a specified period.

The document can only be issued by the court that heard the case. The court clerk prepares the certificate, which will enable the creditor to create the lien on your property.

In Ohio, a creditor can take your automobile, home, or other applicable assets with a certificate of judgment.

If you live outside Ohio, the certificate of judgment still applies. The court clerk from the court where the certificate was issued will put an official seal on the document.

The seal allows you to transfer the order from that court to another one.