Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Case Dismissed, Plaintiff Did Not Show (Credit Card Lawyer)

    My question involves collection proceedings in the State of: Akron, Ohio

    The Plaintiff's (Capitol One) attorney's did not show up. The case was origionally in Municipal Court. I filed that it be bound over to small claims. The date, came and they did not show up. The Magistrate ruled "dismissal" for lack of prosecution. Now I have recieved some un-stamped papers saying "Plaintiff's Motion to Object To The Magistrates Decision". They are now trying to get the case transferred back to Municipal Court.

    What motion would I file that the decision stays and the case not be transferred to Municipal Court.

    Note: The paperwork has not been entered into the court yet.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Case Dismissed, Plaintiff Did Not Show (Credit Card Lawyer)

    They are out of time to file such a motion. The case is dismissed. They can refile unless it was dismissed with prejudice. They have to pay the fee again and file a new case. There is no case to transfer. Their motion was not filed in a timely manner.

    There isn't any motion for you to file. The case is dismissed. You should though file an answer/reply to the motion and a brief if you can come up with any case law.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,965

    Default Re: Case Dismissed, Plaintiff Did Not Show (Credit Card Lawyer)

    You don't need to file a motion of your own - if you want, you can file a written answer to their motion asking that their motion be denied.

    What are they claiming in their motion as the reason they defaulted?

  4. #4
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Case Dismissed, Plaintiff Did Not Show (Credit Card Lawyer)

    Since then, the court has ruled dismissed without prejudice. The reasons: Counsel had the opportunity to file a proper motion, further quoted Rule 36, "all parties shall attend Small Claims mediation hearings... For this reason the Plaintiff's objection is overruled and the decision of the Magistrate is hereby adopted.

    Now I'm worried because I recieved a final appealable order. What do i do? What can I file, if they respond.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Case Dismissed, Plaintiff Did Not Show (Credit Card Lawyer)

    Appealing it seems like a waste of time and effort.

    All they really have to do is start a new civil case.

    1. Sponsored Links
       

Similar Threads

  1. Legal Permanent Residency: Replacement of a Green Card With a Dismissed Prostitution Case
    By estherstorey in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 07-14-2011, 10:30 AM
  2. Debt Collectors: Credit Card Sent to Lawyer for Payment
    By imeras99 in forum Credit Card Debt
    Replies: 1
    Last Post: 04-17-2011, 01:44 PM
  3. Bankruptcy Issues: Bankruptcy Lawyer Dismissed Case Instead of Converting to Chapter 7
    By pellek40 in forum Bankruptcy Law
    Replies: 2
    Last Post: 08-18-2010, 06:48 AM
  4. Chapter 7: Do Credit Card Companies Show Up to 341 Meeting
    By Robin_ntn in forum Bankruptcy Law
    Replies: 1
    Last Post: 10-02-2009, 06:14 AM
  5. Criminal Law Issues: Green Card to USC - Arrest, Case Dismissed
    By FoolInjected in forum Immigration Issues
    Replies: 1
    Last Post: 08-05-2008, 02:49 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Bankruptcy Lawyer
Recover From Your Debt. Free bankruptcy evaluation by a local attorney.




Untitled Document