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HELP! Incorrect information from County Clerk of Courts office?


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I need some help.  I posted on a thread I was writing but was hoping for a quicker response.  

 

I have 28 days to reply to my summons, the date on the summons was May 15, in the meantime I had changed my address, which took effect june 10.  June 10 is when the date was then changed to on my Summons.  I did not receive the summons until June 17 or 18.  The date on the forwarding address yellow sticker they put on, says June 17.  Which date do I go by?  the 10th or the 17?

 

My next question is that today I called the county court office where the summons came from.  Asked them if there was a particular form or paper i needed to fill out to answer, and if in answering I filed for a motion to dismiss, if i needed to pay any fee for filing a motion.  

She put my on hold as she had no idea.  Came back and said what needs to happen is that I answer the points sent out.  Once it gets back to them it will go to pretrial where myself, the Plaintiff attorney and the magistrate will have a phone conversation and discuss the options.  

 

Being as I know the debt is mine, but dont want to fight it in court, I dont want to admit to the point.  I want to file MTD due to improper/inconvenient venue, and if its not dismissed I want to request arbitration through JAMS, which is in my cardholder agreement.  Responding to the answers I feel would do me no good as far as the legal system goes.  And all the advice i'm getting on here is that I need to answer with a MTD / MTC arbitration.   But why would the place i'm sending it to, tell me not to file MTD, to let it go to pretrial?

 

I can provide an affidavit by my boyfriend as to when my new place became my "domicile" as I dont pay any utilities to a utility company and he owns the condo we live in.  Would I need this to support my MTD or just file it and let them seek out the information from me?

 

If it is proper to file MTD as my ANSWER, do i put ANSWER  at the top or MTD?

 

Any direction or help would be great.  with the Fourth of July holiday coming, I need to get this in the mail tomorrow I think, to get it there by the 8th, if I have to go by the date of the 10th.

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I need some help.  I posted on a thread I was writing but was hoping for a quicker response.  

 

I have 28 days to reply to my summons, the date on the summons was May 15, in the meantime I had changed my address, which took effect june 10.  June 10 is when the date was then changed to on my Summons.  I did not receive the summons until June 17 or 18.  The date on the forwarding address yellow sticker they put on, says June 17.  Which date do I go by?  the 10th or the 17?

 

My next question is that today I called the county court office where the summons came from.  Asked them if there was a particular form or paper i needed to fill out to answer, and if in answering I filed for a motion to dismiss, if i needed to pay any fee for filing a motion.  

 

Does the court have a website?  If so, there might be a fee schedule there, and a list of local court rules.  Often there is a motion fee of $10-$20.  Usually in Ohio there is no special form or paper required.  Anything you send should, however, be typed, double-spaced, signed and dated, and include a certificate of service, stating you have sent the pleading to the plaintiff's attorney.

 

 

She put my on hold as she had no idea.  Came back and said what needs to happen is that I answer the points sent out.  Once it gets back to them it will go to pretrial where myself, the Plaintiff attorney and the magistrate will have a phone conversation and discuss the options.  

 

Being as I know the debt is mine, but dont want to fight it in court,

 

Maybe the "alleged" debt might  be yours, but I think you are dealing with a JDB?  If so, do not admit to the debt.  How do you know the JDB really has the right to collect the debt?

 

I dont want to admit to the point.  I want to file MTD due to improper/inconvenient venue, and if its not dismissed I want to request arbitration through JAMS, which is in my cardholder agreement.  Responding to the answers I feel would do me no good as far as the legal system goes.  And all the advice i'm getting on here is that I need to answer with a MTD / MTC arbitration.   But why would the place i'm sending it to, tell me not to file MTD, to let it go to pretrial?

 

Court clerks are often clueless.  Plus, they are not used to pro se debt case defendants fighting back very often, much less using sophisticated pleadings such as motions.  And, you might be dealing with a pro-creditor court.  The whole point of the pretrial is to urge the parties to settle (meaning, you pay the plaintiff.)

 Another good reason to go the arbitration route - to get out of a railroad court.

 

 

I can provide an affidavit by my boyfriend as to when my new place became my "domicile" as I dont pay any utilities to a utility company and he owns the condo we live in.  Would I need this to support my MTD or just file it and let them seek out the information from me?

 

Yes, file an affidavit from your boyfriend and file one yourself.  That is EVIDENCE.  The plaintiff then has to provide evidence to the contrary.

 

If it is proper to file MTD as my ANSWER, do i put ANSWER  at the top or MTD?

 

MTD.

 

Any direction or help would be great.  with the Fourth of July holiday coming, I need to get this in the mail tomorrow I think, to get it there by the 8th, if I have to go by the date of the 10th.

 

Always better to send in something early rather than late.

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I need some help.  I posted on a thread I was writing but was hoping for a quicker response.  

 

I have 28 days to reply to my summons, the date on the summons was May 15, in the meantime I had changed my address, which took effect june 10.  June 10 is when the date was then changed to on my Summons.  I did not receive the summons until June 17 or 18.  The date on the forwarding address yellow sticker they put on, says June 17.  Which date do I go by?  the 10th or the 17?

 

My next question is that today I called the county court office where the summons came from.  Asked them if there was a particular form or paper i needed to fill out to answer, and if in answering I filed for a motion to dismiss, if i needed to pay any fee for filing a motion.  

 

Does the court have a website?  If so, there might be a fee schedule there, and a list of local court rules.  Often there is a motion fee of $10-$20.  Usually in Ohio there is no special form or paper required.  Anything you send should, however, be typed, double-spaced, signed and dated, and include a certificate of service, stating you have sent the pleading to the plaintiff's attorney.

 

There is a fee for fililng.  Will filing it with the case number on it and saying MTD count as a response?  Do i need to go to the actual court and file or can I mail it in, along with a payment?  What is considered a certificate of service? just information at the bottom that states the date it was mailed to the plaintiff?

 

 

She put my on hold as she had no idea.  Came back and said what needs to happen is that I answer the points sent out.  Once it gets back to them it will go to pretrial where myself, the Plaintiff attorney and the magistrate will have a phone conversation and discuss the options.  

 

Being as I know the debt is mine, but dont want to fight it in court,

 

Maybe the "alleged" debt might  be yours, but I think you are dealing with a JDB?  If so, do not admit to the debt.  How do you know the JDB really has the right to collect the debt?  

Yes it is a JDB, i have a bill of sale attached to the summons from OC stating that they are selling it to Portfolio recovery associates.

 

I dont want to admit to the point.  I want to file MTD due to improper/inconvenient venue, and if its not dismissed I want to request arbitration through JAMS, which is in my cardholder agreement.  Responding to the answers I feel would do me no good as far as the legal system goes.  And all the advice i'm getting on here is that I need to answer with a MTD / MTC arbitration.   But why would the place i'm sending it to, tell me not to file MTD, to let it go to pretrial?

 

Court clerks are often clueless.  Plus, they are not used to pro se debt case defendants fighting back very often, much less using sophisticated pleadings such as motions.  And, you might be dealing with a pro-creditor court.  The whole point of the pretrial is to urge the parties to settle (meaning, you pay the plaintiff.)

 Another good reason to go the arbitration route - to get out of a railroad court.

So I can file the MTD as my answer, and can i add in that if it is not dismissed I request arbitration by JAMS?  I really dont want to play the back and forth paper game.  If they won't let me change venue or dismiss, I want it known I want arbitration, someone on another board had a good point, if they do dismiss and the JDB knows arbitration is out there, they may be less likely to refile in my current local court.

 

 

I can provide an affidavit by my boyfriend as to when my new place became my "domicile" as I dont pay any utilities to a utility company and he owns the condo we live in.  Would I need this to support my MTD or just file it and let them seek out the information from me?

 

Yes, file an affidavit from your boyfriend and file one yourself.  That is EVIDENCE.  The plaintiff then has to provide evidence to the contrary.

How do i file an affidavit?  I feel like i'm getting in over my head..am i?

 

If it is proper to file MTD as my ANSWER, do i put ANSWER  at the top or MTD?

 

MTD.

 

Any direction or help would be great.  with the Fourth of July holiday coming, I need to get this in the mail tomorrow I think, to get it there by the 8th, if I have to go by the date of the 10th.

 

Always better to send in something early rather than late.

 

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Is there a fee to file a motion?  Because that is what you are doing.  It should be OK to mail it in, with a check, to the court. 

 

Sample certificate of service: (at end of your motion)

 

Certificate of Service

 

This certifies that a copy of the foregoing was sent by USPS, postage prepaid, to _______________(attorney for plaintiff in the blank) this ___ day of July, 2014.

 

___________________(your signature)

 

Your name, typed

 

 

 

As I have said in other posts, it is best to keep your motions simple and separate.  It's less confusing for the court that way, and, as you have already seen, they don't hire rocket scientists there.  (Yes, I am including the judge in this statement.)

 

First, file the MTD for improper venue.  If that is denied, then file an answer with the MTC arbitration.

 

If you want to win, you need to want to play the back and forth paper game.  That is how you beat them, by burying them in paperwork.

 

As for affidavits, you need to attach them to your motion.  They need to be signed in front of a notary.  It is a simple statement of facts, of when you moved to Kentucky.  Example:

 

 

Affidavit of Newleaf

 

I, Newleaf, duly sworn, state the following:

 

[state the facts of when you moved to Kentucky]

 

 

_______________________

Newleaf

 

 

Sworn to and subscribed before me this ______ day of July, 2014.

 

 

_______________________

Notary public

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And, with regard to arbitration, you can elect it by sending a letter to the plaintiff's attorney, stating that you are exercising the arbitration  clause in the cardmember agreement and are electing private, contractual arbitration to resolve all disputes between the parties, including the matter of the alleged debt.

 

Another and:  I saw your post in another thread that your sister is an attorney.  My advice:  swallow your pride and ask for her help, unless there is really bad blood between you.

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You can NOT file a MTD as your answer.  The MTD is a separate action on the case.  You need to answer the suit and file the MTD.

 

And one more thing:  I would recommend contacting a consumer attorney, so you can sue the JDB for the FDCPA violation of suing you in the wrong venue.  Try naca.net, and I will PM you a suggestion as well.

 

It isn't a violation.  The OP never changed their DL, car registration, voter registration, has no lease, utilities or other recognized methods of legally changing their residence.  They are HOPING the court doesn't delve too much into the venue issue when they object to the jurisdiction.  The case was filed based on their old address several months before the address change.

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You can NOT file a MTD as your answer.  The MTD is a separate action on the case.  You need to answer the suit and file the MTD.

 

 

It isn't a violation.  The OP never changed their DL, car registration, voter registration, has no lease, utilities or other recognized methods of legally changing their residence.  They are HOPING the court doesn't delve too much into the venue issue when they object to the jurisdiction.  The case was filed based on their old address several months before the address change.

 

 

Rule 12 of Ohio Rules of Civil Procedure:

 

( B) How presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19 or Rule 19.1. A motion making any of these defenses shall be made before pleading if a further pleading is permitted.

 

Emphasis added.

 

Answering the complaint would be acknowledging the court's jurisdiction.

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Another question....

Since the date on the summons sent to me is May 15, but due to mailing and change of address it has been scratched and re-written to June 10 (I called the clerk of courts to make sure which date was the one to go by on the paper, she said June 10) do I need to send a copy of this with it, so the attorney doesn't think i'm past my 28 days?

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Another question....

Since the date on the summons sent to me is May 15, but due to mailing and change of address it has been scratched and re-written to June 10 (I called the clerk of courts to make sure which date was the one to go by on the paper, she said June 10) do I need to send a copy of this with it, so the attorney doesn't think i'm past my 28 days?

 

It probably wouldn't hurt.

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Thanks for all your help.  I have My letter/response/MTD, an affidavit stating it is fact (based on linda7 suggestions in the arb forum for MTC/MTD), the certificate saying i mailed it, another affidavit stating when i moved to ky, that if needed I can supply w2 and hospital bills, to prove, and i'm going now to have that notarized, so hopefully that will be enough  (dont feel like sending my wage info to the attorney and the courts at this point) as well as the hhgregg cardmember agreement with the JAMS clause highlighted!  wish me luck.  I hope everything is good enough for something positive to happen!

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Thanks for all your help.  I have My letter/response/MTD, an affidavit stating it is fact (based on linda7 suggestions in the arb forum for MTC/MTD), the certificate saying i mailed it, another affidavit stating when i moved to ky, that if needed I can supply w2 and hospital bills, to prove, and i'm going now to have that notarized, so hopefully that will be enough  (dont feel like sending my wage info to the attorney and the courts at this point) as well as the hhgregg cardmember agreement with the JAMS clause highlighted!  wish me luck.  I hope everything is good enough for something positive to happen!

 

Again, I would not move to compel arbitration at this stage.  Right now, you want to focus on getting the Ohio court to dismiss the case for lack of jurisdiction and improper venue.  So I would not include the cardmember agreement now.  Save that, and the arbitration argument, in case the Ohio court does not dismiss, or if it does, and the JDB sues you in KY.

 

Including the agreement at this stage would, IMO, complicate the pleadings and could be construed as acknowledging the debt.

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