MikeJones

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About MikeJones

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  1. Im losing money calling off from work and did not want to challenge the gods further:
  2. I wanted to thank all of you for guiding me thru these past 6 months:
  3. Forgive my ignorance.. can i simply state this in writing; Upon acceptance of my money order $500 to settle in full; 1. Case is dismissed with prejudice. 2. Debt cannot be resold. 3. Settlement is not an admission of ownership of debt, thus exempt from 1099-C
  4. Gents. Here we have it. 48hrs prior to the 3rd pre-trial I have received a letter in writing/proposal to expire in 30 days from Cavalry for a "settled in full amount" of $500. The alleged debt is near $13k. Thoughts? End it?
  5. There must be a way to flip the script and use the “computer” to my advantage and end this charade next pretrial (#3) overall. Next date is August 24th.
  6. Cavalry requested a continuance, date to be set for end of August, judge granted. Wonder what is going on.
  7. Is a motion for leave to file necessary for the directed verdict angle?
  8. @Brotherskeeper must I then file a motion to leave to file? If indeed a summary judgement request is the way to go?
  9. do i need to file a motion to leave to file as is done with summary judgements?
  10. Ok gents, my 3rd pre-trial is set for August 10th. I wanted to however take @Harry Seaward advice, and ask the court for Directed Verdict at the pre-trial to end this matter. Please critique my draft and forgive my amateur legal thought process. MEMORANDUM OF LAW This motion is made pursuant to Rule 50 for the Ohio rules of Civil Procedure. The purpose of Directed Verdict, as provided for by the Ohio Rules of Civil Procedure, is to expedite disposition cases and avoid unnecessary trial where no genuine issues of material fact are raised. Therefore, Directed Verdict may be granted in any case in which the record shows there is no general issue of material fact with respect to the particular claim. A motion for a Directed Verdict shall state the specific grounds thereof. On or about February 28, 2018, Plaintiff Cavalry SPV I, LLC filed a complaint against Defendant X, asking for judgement in the amount of $12,862.81. Defendant filed and served an answer to Plaintiff’s Complaint denying certain facts. Defendant by affidavit set forth specific facts showing that there is a genuine issue to the ownership and authenticity of the alleged account. On May 2, 2018, during the first pre-trial hearing, the Plaintiff was asked by the Defendant for a signed contract, signed credit application whether it be physical or electronic. Plaintiff denied having such documentary evidence. On May 12, 2018, the Defendant formally submitted in writing and served the Plaintiff a request for interrogatories and answers. On June 2, 2018 Plaintiff responded in the negative and stated “Plaintiff states that it is not in possession of any document which may responsive to this request.” On June 10, 2018, during the second pre-trial hearing, Plaintiff’s attorney was present during the hearing and again failed to produce any signed contract, agreement or application of the alleged account. WHEREFOR, the Defendant moves for a Directed Verdict. It is has become clear to the Defendant that the Plaintiff does not and cannot produce a signed contract proving ownership and authenticity of the alleged account. Plaintiff has had over 90 days to produce such evidence. When a motion for a Directed Verdict has been properly made, and the court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that the conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue. CONCLUSION The Defendant asks the Court to grant a Directed Verdict in the Defendants favor as a matter of law. Defendant also requests that the he be granted any other proper relief to which he may appear entitled.
  11. Agreed, and I appreciate the advice from all.
  12. In that case my sincere apologies to @Goody_Ouchless I thought he was litigating in a similar fashion like the rest of us simpletons on this forum. I would still appreciate sound advise rather than over the top assumptions. I don't have the luxury of using an attorney however. And have been asking for advice on my case, instead Ive been met by overtures rooting for the Plaintiff? Whats up with that? How is that helping people on this forum. Cases as in plural? I mean..
  13. There is no identity theft in my case. Why do you keep pushing that angle? I expect the case to be dismissed w prejudice shortly. And await your multiple apologies for having no idea what you are talking about. In legal terms of course.. Take @Goody_Ouchless advice with caution. He's failed miserably in his feeble litigation attempts in Arizona, and has an axe to grind with those of us asking sincere questions. Its clear his legal advice is based on pomposity, smugness and group think.
  14. You sound like one of those pundits on the night of November 8, 2016... Soo sure of themselves, “sounds like, looks like” yet miserably failed in understanding the reality on the ground. Some good faith humor for this thread