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. Ho
  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 d
  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
  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 fi
  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?
  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 Summa
  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 wer
  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 th
  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 mention
  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.