Skip to main content

Legal advice on Credit counseling in Ohio

Ask your own legal question, it's free

Defending a "Revivor of Judgement" from 2004 I had no idea existed...
I am in Ohio Fairfield County. May 2013 received Revivor of Judgement of 2004 Default Judgement I had No idea existed from National Check Bureau whom I have Never heard of. I answered courts stating the same along with request for contract/documentation. Received nothing. I research to find out this is a junk debt buyer. I am confused about this? My thoughts are I had a failing business in early 2000 hired Consumer Credit Counseling to help keep from bankruptcy paying them 1,000's dollars to help pay off cc. Thought all was done...I do not have any documentation thinking all was settled. But I am speculating as to what this is ...I even thought it might be identity theft or confused with another having my same name in my area as this has happened before. The first Pretrial Sept 2013 ...nothing from plaintiff I thought at court they would show contract from 2004 default judgement...Nothing on file. Explain Judge must be mistake He orders plaintiff bring contract next Pretrial. Upon leaving the representing lawyer harasses me in hallway telling me Being ignorant was not a defense....I was shocked and I ask him to mail me copy of original contract with my signature. Received Nothing. Second Pretrial Nov was yesterday... Lawyer has copy of a First USA 2003 statement/bill addressed my name, old business address. It reads charge-off bal $8,....and copy of card agreement. I do not recognize this cc name? And confused as it also reads my husbands name under mine? We have No joint cc accts Our cc accts are and have always been separate. He has his I have mine. I address Judge stating I have no knowledge of having this acct. and state these papers do not have National Check Bureau's name on them? I state I understand by law they have to have orig contract and submit with complaint the original contract with my signature, if they purchased also need show a unbroken chain of title, and a list of all purchases payments. Attorney speaks up saying He cannot believe I have no knowledge of acct....Judge agrees with him ...I am shocked but plea to Judge 'Honestly I do not'! ...then Plaintiff states he has never dealt with such a defendant ... Judge agrees ...again I am shocked state I do not agree with this complaint there is no reliable evidence here and by law have to have...I state once again the 2004 default judgement means I was not present I was Not present because I was unaware I ask judge to see copy of signature to receive summons...he asks bailiff and states Not in file been too long they do not have....I ask for dismal with prejudice Judges states he has evidence to go forth...I then ask vacate default judgement due not being served.... Plaintiff then states I have been unwilling to work with them....I am shocked again...unwilling? I ask for copy of the contract sent to me by mail and received nothing by mail ...I state the only communication was prior and after first pretrial where I asked for the original contract and in hallway after first pretrial he was extremely rude harassed me and stated "ignorant was not a defense" ...he yells out to Judge 'that's a lie'....I am in shock ....I reply that's a lie.... Judge is furiously looking at me and says 'You do not follow through' ...I am feeling very defeated-confused...I tell him I do not understand...I think what I understood was the fact I could not represent myself I needed to hire a lawyer...I stated I would ASAP ...Plaintiff turns his tone to 'I feel sorry for Ms Keenan if she would give me her telephone number we could resolve this out court.... Judge scheduled next pretrial or trial I am not sure. It is in 45 days. Can you help me ? Or please direct me to someone.

Get your questions answered

Avvo helps you learn about your legal situation, connect with lawyers, and get advice.