jetscarbie Posted June 30, 2007 Report Share Posted June 30, 2007 I pulled my husbands suit up on the courthouse dockets. I need to know what the bottom of the list meansPayment Receipt No: xxxxxx9 Total Amount $86.00 Payer: scum Civil Court Costs: $28.00 Civil Court Facilities: $19.00 Court Computerization: $10.00 Legal Fee-Victims Assistance: $26.00 Legal Research: $3.00 Initial Court Date: Certified mail#: sent to us New CVH Case receipt printed New CVH Case receipt printed Civil Summons issued to the defendant xxxxxx06/08/2007 Answer and Counterclaim filed by Defendant's Attorney Attorney Added: xxxxx06/14/2007 Date Of Service: xxxCert Mail Ret Unclaimed 'Fail of Service-Certified' processed 06/19/2007 Judge xxx assigned 06/20/2007 Case to Judge xxxx for remand 06/21/2007 Motion to Dismiss recd 6/20/07 from Atty xxxxx (our attorney) and fwd to Mag Ofc 06/27/2007 Pull 7-6-07 06/29/2007 Pl Brief in Opposition to Def Motion to Dismiss Filed 6/29/07 To Mag What would the bottom 3 lines mean? Does anybody know which direction this is going? Link to comment Share on other sites More sharing options...
jetscarbie Posted June 30, 2007 Author Report Share Posted June 30, 2007 Just a little backnote on this....Hubby was getting sued by Hawker for Providian with Scum attorney working for them. Suit was filed on 5/20/07Hear about the suit and hired an attorney.The same day we hired an attorney, we recieved a letter from same scum lawyer saying he was now representing A DIFFERENT JDB for the same account...Palisades and that he was gonna sue us. They sold the account to Palisades on 4/1/07....seriously..that's the date of the letter that we recieved on 6/12/07.Our laweyer hurried up and filed answer or whatever before they could change the name. Lawyer also said neither had rights to collect in Ohio.I am now offically confused by all this. If someone with more knowledge could help me out, you would have all my thanks. Link to comment Share on other sites More sharing options...
cjtx Posted June 30, 2007 Report Share Posted June 30, 2007 your lawyer asked the judge to dismiss the case; i.e., say they don't have valid claims against you. I don't know about the pull, but the last line is the plaintiff (CA's attorney) arguments trying to convince the judge not to dismiss the case.What caught my eye was above that, your answer and counterclaims were sent via certified mail and they didn't claim it. What kind of lawyer refuses certified mail? Maybe your state's rules of civil procedure allow it. In Texas, a lawyer would get in trouble for doing that. Link to comment Share on other sites More sharing options...
jetscarbie Posted June 30, 2007 Author Report Share Posted June 30, 2007 All this started with a lawyer solitition.We recieved a letter in the mail from an attorney saying that he heard we had been sued in court. He was willing to represent us. I was all confused:confused: About 1 week later, we recieved a notice on our door for a certified letter at the post office. We didn't go pick it up.I checked the courthouse and seen where they had filed against husband.We hired an attorney and he got copies of the papers from the courthouse for us. Was not a answer and counterclaim document.The document said:Defendants;1. Plaintiff acquired, for a valuable consideration, all right, title, and intrest in the credit card debt set forth below originally owed by Defendants Providian.As a result of the assignment, Plaintiff became, and now is, entitled to the recover the amount loaned on credit card number.xxxxxxxxxxxxxxxxx (no numbers at all)2.There is presently due the Plaintiff from the Defendant for the money loaded on defendant's charge card, the sum of $xxxx3. The account record are not attached because, upon information and belief (1) Plaintiff is not the orginal creditor and does not have possession, custody, or control of said record (2) Copies were sent monthly to the Defendant, and are or were in Def. Possession, custody, or control. (3) said account records may be voluminous4. Plaintiff notified Defendants of the assignment and demanded that Def. pay the balance due, but no part of the foregoing balance has been paid.5. Defendants is/are in default on the repayment obligation.Wherefore, Plaintiff prays fro judgment against the def. in the amount of XXXX with statutory interest from the date of Judgment, costs of this action, and such other and futher relief as the court deems just and proper under the circumstances.That was what was in the certified mail. I just didn't sign for it. Link to comment Share on other sites More sharing options...
walterg55 Posted June 30, 2007 Report Share Posted June 30, 2007 It is pretty common for some attorneys to review court filings and send a letter to someone they see being sued soliciting them. IMHO good consumer law attorneys never do that (LOL they are pretty busy) so I would never use an attorney who did that but it does give you advance notice that you are going to be served. Link to comment Share on other sites More sharing options...
jetscarbie Posted June 30, 2007 Author Report Share Posted June 30, 2007 Oh, I didn't use the attorney that tried to get my business. I do thank him for the heads-up though.NACA recommed someone for me. Link to comment Share on other sites More sharing options...
IHateCAs Posted June 30, 2007 Report Share Posted June 30, 2007 Who is your attorney? If he does a good job, another Ohio attorney to recommend is always good. Ohio has one of the highest volume of debt suits. And with all the foreclosures going on up there, it's probably going to get real messy. Link to comment Share on other sites More sharing options...
jetscarbie Posted July 12, 2007 Author Report Share Posted July 12, 2007 New listings on courthouse docket:confused: 06/21/2007 Motion to Dismiss recd 6/20/07 from (my attorney) and fwd to Mag Ofc 06/27/2007 Pull 7-6-07 06/29/2007 Pl Brief in Opposition to Def Motion to Dismiss Filed 6/29/07 To Mag 07/05/2007 Defs Reply memorandum supporting his Motion to Dismiss-to mag Case to Judge xxx for remand 07/06/2007 Remand to Magistrate xxx 07/09/2007 Plaintiff's Motion to Dismiss Counterclaim filed by Plaintiff's Atty.-To Mag. 07/10/2007 Order set forth: Pull 7-24-07 07/11/2007 Defs Memorandum Opposing Pls Motion to Dismiss Defs Counterclaim recd 7/11/07 and fwd to Mag Ofc Now I am really confused about what is going on. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 12, 2007 Report Share Posted July 12, 2007 Don't you talk to your lawyer? Get copie sof papers? A motion has been filed, the other side answered it, so it is now beofre the judge for decision. Motions of these types are often done on the papers without a need for a hearing Link to comment Share on other sites More sharing options...
IHateCAs Posted July 12, 2007 Report Share Posted July 12, 2007 It's all standard.Your attorney moved to dismiss.The plaintiff opposed.Your attorney opposed the opposition.The plaintiff moved to dismiss your counterclaim.Your attorney opposed the counterclaim dismissal. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 12, 2007 Report Share Posted July 12, 2007 I have a serious question for you (and lots of others I notice do this).Why do you come ask us questions first when you hired a lawyer? I don't understand this at all.In this case it's a rather simple answer, but a lot of times it gets very complicated. Link to comment Share on other sites More sharing options...
jetscarbie Posted July 12, 2007 Author Report Share Posted July 12, 2007 I do talk to the attorney if I can. It is actually my husband's case and he is out of town. I check on the internet frequently and this was updated today.My husband was backed up at work and wasn't able to call the attorney to find out, so I thought I would just ask y'all.I figured others might not know and have something similar and this post would help.SORRY if I bothered y'all with my stupid question. Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted July 13, 2007 Report Share Posted July 13, 2007 Recovering Attorney and IHateCAs - Hire an attorney and then try to talk to him. Others may have had different experiences, but I had to take off work and go sit on my lawyers doorstep to ask questions. Eventually I found out through his secretary that he had not filed my discovery documents until I started asking for the plaintiff's response. Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted July 13, 2007 Report Share Posted July 13, 2007 ...and I'll add if I hadn't learned how the discovery process works (mainly through this board) I would really have been in trouble. Link to comment Share on other sites More sharing options...
jetscarbie Posted August 13, 2007 Author Report Share Posted August 13, 2007 New updated on the court listings. As usual, my attorney is not in.07/11/2007 Defs Memorandum Opposing Pls Motion to Dismiss Defs Counterclaim recd 7//07and fwd to Mag Ofc 07/2007 Pltfs surrebuttal brief in opposition to Defs Motion to Dismiss-to mag 07/2007 Order set forth Motion hearing 10-xx-07 9am 08/2007 Pltfs Motion to Substitute Plaintiff-to mag 'Civil Letter' processed What? Link to comment Share on other sites More sharing options...
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