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Interesting Appeals caselaw for Ohio dealing JDB's a hard blow


Credithis
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http://bulk.resource.org/courts.gov/states/Ohio.Ct.App.04/2004-ohio-623.pdf

If this is what I interpret, The JDB has to prove up everything they claim is owed, not simply a statement from an affidavit. They have to prove a sum certain with ALL of the charges listed, interest applied, thing charged, etc. No JDB can do this!! Any records they have are of no probative use unless they can call in someone from the OC to testify and that is problematic. So if you are being sued, drop this bombshell.

Sticky for Ohio please...

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This seems like good news to me. I have an issue with a car repo. They sent me a statement saying I owe $7500 or so dollars, but my credit report and info I was previously told were only $4500. The car hasnt been auctioned yet, so Im not sure what my defiency balance will be....but Im sure I can use this when we go to court because they take everyone in Ohio to court.

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This seems like good news to me. I have an issue with a car repo. They sent me a statement saying I owe $7500 or so dollars, but my credit report and info I was previously told were only $4500. The car hasnt been auctioned yet, so Im not sure what my defiency balance will be....but Im sure I can use this when we go to court because they take everyone in Ohio to court.

Make sure that you're well-prepared if/when it goes to court.

Any positive case law is welcomed news. Ohio is a terrible place to live if you're dealing with consumer credit issues. For one, unlike many other states, Ohio does not cap the interest rate on legal judgments. Whatever is spelled out in tiny print in the original contract is permissible. Judgments in Ohio also hang around for 20 years and are renewable indefinably. I have one that will earn a former creditor an imaginary 29.95% annual interest likely until the day I die. It's absolutely ridiculous.

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This case seems to sound a "death knell" for the assertion of "Account Stated" with regards to a JDB not only in Ohio, bit in most other states by the concepts of comity and stare decisis.

Let's see if it upheld upon further review. I cannot conceive of AA letting this stand without a fight.

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Flying, that is the decision of the Appeals court, only the US Supreme court would be higher. It seems they sent that case back to trial court admonishing Asset and now Asset is in the hot seat having to provide it.

Let's hear from a few more circuits or have the Supremes refuse to hear it and I will agree with you.

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Flying, that is the decision of the Appeals court, only the US Supreme court would be higher. It seems they sent that case back to trial court admonishing Asset and now Asset is in the hot seat having to provide it.

Asset can appeal to the Ohio Supreme Court.

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I think its beyond appeal to the Ohio Supreme Court, this was in 2004. I would think the SOL for appeals has run out. Doesn't that make it effective case law for Ohio??

I was responding to the guy who said the U.S. Supreme Court was the next stop.

It should be good law in Ohio.

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