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Showing results for tags 'clerical error'.
I've been pro se defending my case against one of the bigger JDBs, the turnip-squeezer. I entered a Motion for Dismissal after three failures by the JDB to provide the specific documents requested. I received a letter from the court a few days ago. The name and address on the envelope is mine.The name and address (and that of the lawyer) in the "Copies to" line is mine.The defendant listed at the top of the Summary Judgment is SOMEONE ELSE ENTIRELY.The case number is SOMEONE ELSE'S.The name and case number are not even remotely close to mine, nor are they anyone with whom I am associated.(They granted judgment to the Plaintiff, which given the volume of reasons included in my defense--most of which were researched here, thanks, third-party sale, hearsay, failure to comply with DV, not able to authenticate records as their own--leads me to think they're robo-signing these things, because anyone with half a brain who read my arguments would know it's in dispute and needs to go to trial. BTW, this entire thing has been done on the phone and on paper. Pre-trial conference by phone, all arguments on paper. NOT FAIR. I really doubt the judge is reading these things and I'm not sure how to get him to listen to my side of things.) Do I have grounds in Ohio to get this thrown out for breach of confidentiality, procedural error, incorrect service or anything like that? Do I contact the court to alert them to the error, or keep it mum until I enter a response? I looked up my own case online and it does show an SJ was entered against me on that date, but if I weren't smart enough to look it up or inquire, based on the name and case number given, I would really have no idea whether it pertained to me or not. Also, the person whose case is listed on the SJ sent to me may have no idea they have an SJ requiring a response. Seems to me, this is really bad procedure on the part of the court. I'm planning to respond within the timeframe (by the end of this week to be safe), but I'm unsure of whether to focus on the error, or resubmit a Motion for Dismissal, or do a Motion to Vacate or what. Help? Let it also be known, I'd happily pay back the original creditor, if an account with them still existed (I checked; it does not). I'm also willing, if it will shut them up and get them off my back, to reimburse the JDB for the specific fraction of the amount of their investment in the bulk portfolio of accounts that actually pertains to my alleged account, IF they can show me what that exact figure is and reasonably prove the direct chain of ownership. (I can swing 10% of the claim if it will shut them up, but no way am I going to be a party in legalized extortion.) It seems that verbiage to this extent might be best avoided in the next document I file, but I needed to say it out loud. THANKS in advance.