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nobk4me

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nobk4me last won the day on September 10

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  1. Exactly. Although most OCs don't use small claims court, even if they could for small debts.
  2. You need to read Sec. 1925.02: https://codes.ohio.gov/ohio-revised-code/section-1925.02 Specifically, (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malicious prosecution, and abuse of process actions; (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney; Emphasis added. A JDB is an assignee.
  3. JDBs can't use small claims court in Ohio. So arbitration is your best bet.
  4. Strangely worded order . . . The judge ordered you to CONTACT an arb forum. (Which I would interpret as filing in JAMS.) Not to pay the fees. The fees are to be determined later, in accordance with the agreement and arb forum rules. So I would concur with the advice given above. You need to file with JAMS, then see if the JDB will settle for $250.
  5. Are you aware of the Ohio case, Capital One v. Rotman, in which the court ruled that it is the plaintiff's responsibility, not the defendant's, to initiate arbitration? I know, it's a little late now to raise that, given that the judge has ordered you to initiate. It also seems strange that the court has dismissed the case, but still ordered you to file the arbitration. Usually the case is stayed pending arbitration. How can the judge have jurisdiction over you when the case was dismissed? It's like them having their cake and eating it too. I know, this doesn't answer your question, but I am providing it for reference. That said, I think you have to follow the advice given above, from @BackFromTheDebt.
  6. I don't know what the small claims limit is in CA, but if it is not filed in small claims court, arbitration may be an option.
  7. They don't and won't do that. If attorneys are not allowed in small claims court, then they don't use small claims court. They use regular court. The filing fees don't concern them because they can recover the fees from the defendant. They won't send a disbarred attorney because they CAN'T. A disbarred attorney cannot practice law. They can't represent a client. And only a natural person can represent himself/herself. JDBs are corporations which have to be represented by counsel.
  8. It's not the interest the plaintiff is seeking that is hard to determine. What is hard to determine is Ohio's statutory interest rate.
  9. Which, to me, seems fairly hard to determine.
  10. SCAM! And also be aware that they can spoof Caller ID.
  11. Yes, I think these new statutes have overruled the Taylor-Jarvis case.
  12. Are you aware of Ohio's new SOL laws, that also impact the use of the borrowing statute (in a complicated manner)? Details here:
  13. Is there a FDCPA violation here?
  14. Then I would suggest you remove the pro-vax shill post as well.
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