Getting sued for debt feels like a punch in the gut. You open the mail, see the “Summons,” and your stomach drops. It’s normal to feel panic. But panic leads to freezing, and freezing is the one thing you cannot afford to do right now.
You have power here. You have rights. Most importantly, you have a specific window of time to fight back. If you respond correctly, you prevent a default judgment—which is the court’s way of letting collectors garnish your wages or freeze your bank account without a fight.
This guide cuts through the legal noise. We will explain exactly how to file an Answer in Ohio, when you must do it, and what it costs.
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1. The 28-Day Deadline (Strict Rule)
In Ohio, the clock starts ticking the moment you are served.
According to Ohio Rule of Civil Procedure 12(a)(1), you have exactly 28 days to file your Answer. This is 28 calendar days, including weekends. If your deadline falls on a weekend or legal holiday, you have until the next business day.
Warning: Do not count on “business days.” Count every day. If you miss this window, the plaintiff (the collector) can ask the judge for a default judgment immediately. Once that happens, the game is largely over. Do not wait.
2. Ohio Filing Fees: Do You Have to Pay?
Unlike some states where filing an Answer is always free, Ohio filing fees vary by county. There is no single statewide rule.
- Some Courts are Free: In certain counties (like Belmont County), filing a standard Answer without a jury demand may cost $0.
- Some Courts Charge Fees: In other jurisdictions (like Shelby or Adams County), the clerk may charge a fee ranging from $50 to $150+ to file your response.
Action Step: Call the Clerk of Court listed on your Summons before you go. Ask them: “Is there a filing fee to file an Answer to a Civil Complaint?” If there is a fee, ask what forms of payment they accept (cash, money order, or certified check). If you cannot afford the fee, ask the clerk for a “Poverty Affidavit” or “Indigency Form” to request a fee waiver.
3. The 3 Steps to Respond
Responding is not about writing a novel. It is about following a procedure. You need to file a document called an “Answer.”
Step 1: Create Your Answer
Do not write a letter explaining your life story. The court does not want a letter. They want a formal legal pleading that responds to the numbered allegations in the Complaint.
For each paragraph in the lawsuit, you must usually state one of three things:
- Admit: “This is true.”
- Deny: “This is not true.” (Force them to prove it).
- Deny for Lack of Knowledge: “I don’t know if this is true.”
You must also assert your Affirmative Defenses (reasons why you shouldn’t pay, even if the debt was once real). This includes the Statute of Limitations.
Step 2: File with the Clerk
Take your original Answer and at least two copies to the court clerk. The clerk will stamp them. They keep the original for the judge and give you back the stamped copies for your records.
Step 3: Serve the Plaintiff
You must mail a stamped copy of your Answer to the attorney listed on the Summons. This is called “Service.” If you don’t do this, your filing is incomplete.
4. Check the Statute of Limitations
Old debt has an expiration date. In Ohio, the Statute of Limitations on most debts (including credit cards and medical bills) is generally 6 years (Ohio Rev. Code § 2305.06).
This means if you haven’t made a payment or acknowledged the debt in over six years, the collector may be legally barred from suing you. However, the court will not check this for you. You must raise this as an affirmative defense in your Answer.
Ready to File?
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