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Sued by Cheek Law in Ohio


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I've been down this road before and I've represented myself pro se and not lost yet, however this time the JDB has produced in his MSJ an exhibit that purports to be a page from the redacted spreadsheet that indicates it is my account. There is no sworn averment for this document, these guys are the 2nd JDB to purchase the account from Chase. I'm not sure how to argue that this is hearsay. Is that the right direction.

Thank you in advance.

 

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You need to copy and answer the questions in the following link in order for us to have more details.

 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

Regarding the spreadsheet, is there anything on that sheet that identifies it as coming directly from Chase?   Even if there is a Chase logo, if there is no affidavit from Chase that references that spreadsheet, it's merely the JDB's word that the spreadsheet is accurate and is not simply a record created by the current JDB or 1st JDB for the purpose of trying to prove your account was included in an alleged sale. 

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How far into this are you?  Have you already been to court? If they have already filed for summary judgement you are going to have to really get busy. You need to answer the questions below so others can help you. Just leave out personal info and round off any numbers. It will also help if you keep everything on one thread. 

 

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 
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  • 3 months later...

Well, they got their judgment on the motion for summary judgment, the Judge didn't even consider any of the evidence I presented. So, I filed an appeal and today I see where the plaintiff has filed their certificate of judgement. Should I now file a Motion to Stay pending the appeal?

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