Being sued. What's the first step?

[dumpinmydebt]

My lovely landlord is finally getting around to suing me for about $5000. Just got the letter today (haven't picked it up at the post office. I knew what is was so I looked it up online.) Not sure when the court date is.

What's my first step? I really have no defense. I mean, I owe them the money. I wasn't planning on filing bk until the beginning of September as we would have more time to prepare the paperwork.

Is there ANYTHING I can do to buy time?

[brokejoker]

#1 answer the summons. I know in my state we have 30 days from service to answer so you may want to look up the timeline for your court. Once you answer you should get a court date for sometime in the future. That should start you off.

[dumpinmydebt]

Ok good. Thanks.

So it seems I could easily wait until the beginning of September to file?

I just want to file before they garnish. I don't care about the rest. Just want to avoid garnishment.

[LadyInTheRed]

Here's some info on answering a complaint in Ohio. http://www.ohiolegalservices.org/pub...s/qandact_view

It looks like you have 28 days to answer. Even if you don't answer and they get a default judgement on the 29th day, they are very unlikely to get a garnishment in place before you file in early September. But, to be sure you have plenty of time, you should probably file an answer so a court date will be set. The above link has a lot of info that should help you with the answer.

[wnguyen]

Don't ignore the summons though. I was also sued by Citibank but I was prepared by their threatening letter before, along with many other creditors so by the time I got the sommons, I was just a few days into filing. About the wage garnishment, it's going to take them a while until they can actually get it, that's what I understand, because they have to get a judgment against you first. Showing up in court can buy you some time, I think. Your best bet is to talk to your attorney to find out.

[dumpinmydebt]

Thanks everyone. A big relief. If we wait to respond until like the 27th day, then that will be mid-late August. Then a court date, probably won't be until the beginning of September. Then a judgment. I did see on the court website that a judgment for not showing and for losing are the same. I can't afford to miss work for a court case I'm going to lose, so I plan on scheduling but no showing, lol. Then they have to give us 30 days to pay the judgment, so it won't be until October before they could submit a request to garnish, to which they have to give us a 15 day notice.

Fantastic! Perfect timing as well.