onlinebu

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About onlinebu

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  • Birthday 03/10/1965

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    Ohio
  1. Thank you all! Called today about the Tickler, and it was dismissed. All the clerk could tell me was it was a follow up. Just checked the docket online, and it does say dismissed. Now just waiting for Feb. 6th
  2. Yes i think you are right just haven't looked into it at all yet. I just thought it was strange the "tickler" date is the same date as SOL. Thank you. Is the tickler date a court date?
  3. I had the exact same case. A big thanks to nobk4me, and Iheart for all the help, so listen to them. I just had pre trial this morning, and case was dismissed. You have to study, and make sure you can recite the Civil Rules you are pleading your case on. When you do get to court you will have to tell the court your case. You will not have all the paperwork pleading for you, so make sure what you need to point out is memorized. Check Rule 56 (E) it states "Sworn or certified copies of all papers or parts of papers referred to in an affidavit shall be attached to or served with the affidavit.
  4. Had pre trial this morning. Judge struck the plaintiffs affidavit, then denied their MSJ. He told me he did not want to see this go to arbitration, because it very well could be "one sided"? He said although he would leave my Motion to compell arbitration open, to be ruled on at a later date. He court ordered discovery giving the plaintiff 60 days to come up with proof that they own the debt, that the amount of the debt was correct, and that the debt was actually mine. Needless to say they dismissed the case without prejudice. Now I see on the docket there is a tickler set for 2 weeks out
  5. Thanks nobk4me, Do you think this would be a breach of contract? I filed my MTC and they still continue to litigate even though the agreement states "any dispute be resolved by binding arbitration. Arbitration replaces the right to go to court."
  6. Thank You very much I will do just that. Should I file the Affidavit as an exhibit with the Opposition to Motion for Summary Judgement or on it's own?
  7. Special thanks to you nobk4me. You and Linda got me this far, and I am feeling real good about the case at this time. I am not sure as this is how I found it filed in this case in "Ohio". My main point is that the motion to compel arbitration has to be ruled on FIRST, and once arbitration is granted by the judge the MSJ becomes moot according to the appellate court, but I do feel the need to answer the MSJ. Yes I check every day, and there is no change unless either of us files a motion. The judge told the attorney at the hearing that he had 90 days to settle the case with me.
  8. Thank you Linda. I hope you are doing well, wish you happy holidays. Here is what I came up with the last few LONG nights. Maybe it can help someone else in Ohio. IN THE COUNTY COMMON PLEAS COURT COUNTY, OHIO LLC ) CASE NO. ) )
  9. Hi all, I filed MTC, and elected arbitration following Lindas plan. I had a hearing (in the judges chambers) not in the court room. The judge read the credit card agreement, and nodded his head as he read out loud "if either parties elect arbitration it replaces the right to go to court". Sooo I am thinking I am doing quite well at this point. The attorney told the judge that he still elects to resolve the issue in court. After the hearing was completed the attorney stopped me in the hallway , and told me that my motion was denied, and he will be filling a motion for summary judgement. I
  10. I used the 2007 Chase agreement they had sent me shortly after the summons. No forum has been specified from me or the attorney yet.
  11. I have filed my order today, and mailed a copy to the attorney. I also recieved a letter from the attorney stating that the agreement states that under the terms of the agreement if the defendant elects arbitration they must file the claim, and pay the initial costs? I am not sure where he read this, but I sure can't find it in my agreement. "Can I say BS!" Hi Linda, No it does not I am using Chase 2007.
  12. Thank you Skippy, I did not file a proposed order for the judge to sign along with my MTC. (I will next time) So I do not need to "object" to the proposal? Just file my proposed order for the judge to sign? Thanks again. Still learning the "hard way"
  13. I filed my MTC, and have a hearing date set for late October, but the JDB's attorney has filed PROPOSED ORDER: This matter came to be heard upon the Defendant's Motion to Compel Arbitration or to Dismiss and upon Plantiffs response thereto. It is therefore ORDRED, ADJUDGED, AND DECREED, pursuant to R.C. Section 2711.03 that the parties shall proceed to binding arbitration and Defendant be, and hereby is directed to initiate arbitration pursuant to, and in accordance with the arbitration provision contained within the agreement within 30 days after the filing of this Order. It is FURTHER ORDERE
  14. Please send more if you have them. Tank you!