Legalnewbie

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About Legalnewbie

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  1. Thank you for the reply. In the letter I received it stated that there will be no hearing on the MSJ and that the" judge would rule automatically", after the date which my response was due. I received the letter at 3pm on the day of the deadline and it said "You do not need to make an appearance today". So should I attempt to file for an extension? Cause at this point I get the feeling that there will be no other opportunity. Also, I noticed some discrepancies in the dates in the case online. It says plaintiff's Discovery was filed on 8/21, and the certificate of service says 8/17. However I received Discovery on the same day I filed the MTC which was 8/29. I have no way to prove when I received it though, as the plaintiff does not use certified mail.
  2. I got a letter saying that I missed the deadline to respond to MSJ. I thought I had from the time I received the Motion. I guess it was from the time they filed it. I thought I had three more days. I dummied up good here and I am well aware that it may have cost me the case. I've been checking the case online and nothing has changed. Is there anything I can do? Motion for extension, or is that even worth the attempt? I should have done this earlier I know, but I got the letter and was devastated and just assumed it was over. Upon further reading I see that I am not the first person to do this and there may be something I can do to save this. Even if it is a long shot. Thanks.
  3. Thanks again, and I intend to. Just having trouble articulating all these things into something that doesn't read like it was written in crayon.
  4. Update: I just spoke to the Clerk to no avail. I asked if I needed to schedule a hearing on my MTC and they didn't know how to respond. I told them that I was told "no" when filing and that no hearing was ever scheduled, nor was there a ruling. They brought up my case and they immediately put me on hold. Upon return the answer was "you need to hire an attorney". They went on to say that they can't give legal advice so I asked if there was a form to schedule the hearing myself and they said they weren't sure/ weren't aware of one. So, no help there. The court has been pressuring me to settle since the beginning and railroading me into mediation hearings but refuses to rule on my motion. I'm feeling pretty overwhelmed here. Going forward, any assistance in writing an Objection to MSJ and an Objection to Discovery Requests would be very helpful. Thanks
  5. Thank you for the response. How elaborate do I need to be on both the Objection to Discovery and the Objection to MSJ? The reason I ask is because I have trouble formulating my motions. I generally copy and paste and then move things around to fit my needs. Is there an example on this site I could model these after? Essentially, I can read legal-eze ok, but I can't write it very well. I just really want to file something solid so any nudge in the right direction is greatly appreciated.
  6. I'm reposting in this thread as things have changed and I hope to clarify for myself and others. All opinions are appreciated. Brief overview: 1. I'm in Ohio. 2. OC Fifth Third 2007-2008. 3. Debt $900. 4. Served by Asset July 2012. 5. Answered July 2012. 6. Mediation scheduled July 2012. 7. Filed MTC Arb August 2012. 8. Received discovery August 2012. 9. Mediation cancelled August 2012 on grounds that arb was elected. 10. MSJ filed by Plaintiff Janurary 2013 (included affidavit from an Asset "representative" with NO information not established in complaint. MSJ filed on the grounds that Defendant failed to respond to Discovery requests. Although the Plaintiff and the court received MTC arb prior to deadline. No hearing was set and no ruling was issued on MTC. It's my understanding that (in Ohio) the trial court cannot rule on underlying claim until there is a ruling on the MTC. It is also my understanding that this would be the grounds for an Objection to MSJ. In addition to this I have seen it suggested to argue subject matter jurisdiction as well as the issue of triable issues of material fact. Most, if not all, of the contributors here are very well versed in civil procedure parlance while others (me) are quite the opposite. I have been operating under the "C.A.S.E." method: Copy And Steal Everything That has worked great thus far. However, at this point, I am done slow dancing with Asset. They have produced no evidence. No bill of sale, no receipts, no contract, no nothing. I don't think they can even produce the full account number. They've re-dated my credit report and the affidavit they submitted is nothing more than hearsay. I want to hit them with anything and everything possible. I want the opposing council as well as the judge to know where I am coming from. I plan to object to MSJ using Cap One v. Collins as precedent, but I want MOAR! Can I file an affidavit to establish triable issues as well? I have no evidence either as I am unfamiliar with the alleged account. Breach of contract? FDCPA violations? Anything I can do to shut them down, I will do. This is where I need opinions most. Sorry for the length but I wanted to be as clear as possible. Any and all consideration is appreciated. Thanks
  7. Also, as in the other thread, would this be a breach of contract or FDCPA violation?
  8. This is where I get confused. I understand COMPLETLY in theory, but in practice not so much. Iheart writes: Do I need to file an affidavit? If so, what would I state other than the obvious which is that the Plaintiff never filed any evidence whatsoever? Can I simply state that "the plaintiffs affidavit is not authenticated by the OC and therefore should be stricken from the record? As for the response in opposition, the bases is simply that there's a pending arb motion? Would it be beneficial to cite the appellate case Cap 1 v. Mitchell Rotman 2012-Ohio-480 mentioned in that thread? I want to "hammer" this into the ground but I want to be sure I know what I'm doing. Thanks again in advance.
  9. Hello nobk4me and thanks for the speedy response! The case has not been updated since August. The last motion is the MTC arb and was never ruled on. That was the bases for getting the mediation canceled. Once the MTC was filed it was never ruled on and this is the first I've heard since. It wasn't even updated that mediation was canceled. When filing I asked the clerk if I needed to schedule a hearing and they said "no, the judge will handle it accordingly". This current MSJ is not yet listed either. From the link you posted I garner that an "Opposition to Plaintiff's Motion for Summary Judgement" is the only/best course of action?
  10. Well, I thought this matter was behind me but it seems Asset is back at it. Today I received a Motion for Summary Judgment, 4 months after electing arbitration. Until now I had heard nothing from either the court or the Plaintiff so I assumed I was in the clear. Foolish on my part. The Motion cites Rule 56 © of Ohio Rules of Civil Procedure (O.R.C.P.) for Summary Judgment on the grounds that there is "no issue as to any material fact and the plaintiff is entitled to Summary Judgment as a mater of law". The very short brief states that I failed to respond to Discovery requests which were due in September of 2012. It goes on to cite O.R.C.P 36 essentially saying "...the matter is admitted unless objection is served upon the requesting party". Also cited in the brief is "PLAINTIFF'S AFFIDAVIT ESTABLISHES THAT THERE IS NO GENUINE ISSUE OF MATERIAL FACT" and simply states that the affidavit proves legal liability. The affidavit itself is from a "representative" of Asset and makes 0 mention of account details other than alleged amount owed, dates applicable to alleged account other than when I initially answered, dates of employment of said "representative" nor any other details that were not previously established in the initial filing. I was operating under the notion that answering Discovery requests may be seen as participation in trial, therefor undermining my argument of jurisdiction given the arbitration clause presented in my MTC arb. Clearly I should have taken Linda7's advice and objected but again, I assumed that proceedings would be stayed once arbitration was granted. Never assume. Is it possible to file an objection to MSJ stating the reason mentioned above? Also, the affidavit seems laughable even to me so is that something I should be concerned about? Or is it just Asset covering their bases? It may seem like I dropped the ball here but I honestly thought I was taking the best course of action. Any consideration moving forward would be greatly appreciated. If any other information is needed I will gladly provide it ASAP. Thanks in advance.
  11. I received an interesting call the day of mediation. The coordinator had some scheduling issues and wanted to bump the time up as early as possible. I suggested a continuance since there has been no ruling on my MTC arb. Turns out, my MTC hadn't made it to them. Nonetheless, they wanted to proceed with mediation. I stated that if scheduling has become an issue, a continuance would allow time for a ruling and may eliminate the need altogether. Still pushing forward, they said that both parties will be in attendance and I can state my concerns WHILE coming to a settlement agreement. I stated there is not a shred of evidence that leads me to believe I am legally liable to asset, and I have no interest in settling. I pointed out that when initially asking for a continuance, pending a ruling on my motion, I was told to bring up the motion at mediation and that would be that. I said I truly didn't want to waste valuable resources and their time, but would be happy to come early if it makes things easier. They agreed a continuance might be best and called "asset" to get their approval. I was sure that asset would be obliged to stall, to my benifit. Well, they must have been asleep at the switch cause nobody would answer the phone. I got a return call stating mediation was canceled (for now) and my motion would go back to the judge for a ruling. So now I wait. I can't help but feel like I did something wrong, besides pissing off ADR and possibly the judge. Like I missed an opportunity to see what I'm up against. I will say that nobk4me seems to be right. The court definitely seems more interested in me settling and clearing the docket than me being heard at all. Maybe I'm just cynical.
  12. I filed the MTC and it's posted on the county website that I did so. It was only couple days ago so nothing else has happened. I asked the clerk if I needed to schedule a hearing on the motion and they assured me that I didn't need to. They said the judge should rule on the motion before the scheduled mediation. I asked if I needed to file for a continuance in case the judge hasn't ruled by that time and again, they assured me that wasn't necessary. They said that if the mediation occurs as planned, I can simply show that I elected arb and filed a motion stating the same. I know Linda7 mentioned a similar scenario but I am a little nervous about going to mediation. I will keep everyone posted.
  13. Ok. So if I get that filed today, would it help to ask for a continuance? I know that the MTC is intended to at least stay proceedings, but the plaintiff has 14 days to respond and mediation is scheduled for less than 14 days.