Tsandy7 Posted January 19, 2008 Report Share Posted January 19, 2008 I apologize if this question has been asked before. I am currently being sued by Credigy Receivables Inc. I live in Ohio. This company is trying to collect on an alleged debt from 1996. I have disputed this twice, Once on around December of 2006 and again January 02, 2008. To this date they have never verified or sent me any proof. All they sent was an account verification Statement. The Trial is on February 27, 2008. The problem is the Plaintiff sent a motion To appear by Telephone at Pretrial, Their attorney's office is 40 miles away in Westerville Ohio. I am in Clark County,Ohio. The Plaintiff states : Now come Plaintiff's legal counsel and moves this Court for leave to appear at the pretrial scheduled on February 27, 2008 at 10:30 via telephone. Plaintiff's counsel's office is located in Westerville, Ohio and travel to Clark County on February,27,2008 would place and unfair burden on Plaintiff. Well, I do live in Clark County and I work in Montgomery County, which is 25 miles away. This is a burden to me, as I have to take off from work and I am also a single mother. What can I do? Why should I pay for something that is not mine. The statutes of limitations in Ohio is 6 years. This person continues to sue without validating anything. I have also filed a countersuit against this company.Could someone Please suggest the next step???Thank youtsandy7 Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 19, 2008 Author Report Share Posted January 19, 2008 I apologize if this question has been asked before. I am currently being sued by Credigy Receivables Inc. I live in Ohio. This company is trying to collect on an alleged debt from 1996. I have disputed this twice, Once on around December of 2006 and again January 02, 2008. To this date they have never verified or sent me any proof. All they sent was an account verification Statement. The Trial is on February 27, 2008. The problem is the Plaintiff sent a motion To appear by Telephone at Pretrial, Their attorney's office is 40 miles away in Westerville Ohio. I am in Clark County,Ohio. The Plaintiff states : Now come Plaintiff's legal counsel and moves this Court for leave to appear at the pretrial scheduled on February 27, 2008 at10:30 via telephone. Plaintiff's counsel's office is located in Westerville, Ohio and travel to Clark County on February,27,2008 would place and unfair burden on Plaintiff. Well, I do live in Clark County and I work in Montgomery County, which is 25 miles away. This is a burden to me, as I have to take off from work and I am also a single mother. What can I do? Why should I pay for something that is not mine. The statutes of limitations in Ohio is 6 years. This person continues to sue without validating anything. I have also filed a countersuit against this company.Could someone Please suggest the next step???Thank youtsandy7 Knowledge is POWER Link to comment Share on other sites More sharing options...
cjtx Posted January 19, 2008 Report Share Posted January 19, 2008 I don't think the judge will receive well a motion opposing telephonic appearance for a pre-trial hearing. You could use their same arguments to apeear by telephone too. Is that really what you want? Unless you really know what you're doing, filed everything in advance, made sure it was received, etc., it's to your advantage to appear in person. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 19, 2008 Author Report Share Posted January 19, 2008 Everything is filed, stamped by court clerk. I will appear in person and before I do Iwill have discovery filed with the court. Have you ever heard of this company?However If I should want to do the phone, what actually happens. Thanks for all your help.Tsandy7 Link to comment Share on other sites More sharing options...
kevin3344 Posted January 19, 2008 Report Share Posted January 19, 2008 The statutes of limitations in Ohio is 6 years.Hopefully you filed an SOL defense in your answer to the court. Just show up, tell the judge what you've told us: that they have not validated and it's out of SOL, and that should do it. Link to comment Share on other sites More sharing options...
TheRoadBack Posted January 19, 2008 Report Share Posted January 19, 2008 Hopefully you filed an SOL defense in your answer to the court. Just show up, tell the judge what you've told us: that they have not validated and it's out of SOL, and that should do it.If you have not paid on this account you are not within SOL so you have an absolute defense.Period. But if it were me, I would show up in person! Good luck! Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 19, 2008 Author Report Share Posted January 19, 2008 Thank you good people. I did have the statute of limitations in my answer plus a copy of the ohio statute. ThanksI plan to show up. I have not paid on it, I did not even know it existed. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 20, 2008 Author Report Share Posted January 20, 2008 well this idiot (Credigy) sent a motion for default to me in the mail. He still had not proven the debt. Which is not mine. i filed all the require paperwork. I follow info I got from this wonderful site.Why is when these people know they are wrong they continue to try to relive you of your money. Where are the laws. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 20, 2008 Report Share Posted January 20, 2008 Be forewarned: If it's a creidt card, they WILL argue the 15 (FIFTEEN) year SOl in Ohio for WRITTEN contracts. Be prepared to rebuff that argument. Many a judge rules a CC is a written agreemnet / written contract. Link to comment Share on other sites More sharing options...
slowhand2 Posted January 28, 2008 Report Share Posted January 28, 2008 Thanks for that information. I will see if I can find some court cases to cit Link to comment Share on other sites More sharing options...
trueq Posted January 28, 2008 Report Share Posted January 28, 2008 "Objection...Counsel is tetifying"Or my favorite"Objection...facts not in evidence"If you don't object, counsel testimony and inadmissable facts can be admitted.Only facts (both oral and written) from a fact based witness with firsthand knowledge of the material signed and dated by them can be admitted as facts before the court. (All credit card material are NOT self-authenticating unless they were authenticated in previous court action, which is like one in a million). Read this paragraph again! absorb it.If you object effectively, they will try to violate another court procedure...They will informally ask you about the debt (without being formally called as a witness)...which you can object to as well...or answer..."No", "I don't know", or "I don't recall".They are trying to get the so-called evidence introduced by you as an unwitting first hand witness. Don't do it, make scumbag lawyers suffer!!!!! When stupid and lazy, they deserve what they get!If they don't have a witness and you did all this effectively, MOVE the court on the spot to dismiss for failure to state a claim! Link to comment Share on other sites More sharing options...
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