Being sued by Cap 1 in OH..any help is appreciated!!

What did you say in your answer?

Did they provide any affidavits with the complaint?

You will do better looking for Florida cases against Cap1 and SOL.

File motion to dismiss

Yes it can be but if you have proof of when you last paid Cap1 you should be fine.

I doubt you are going to settle the case for half or even anywhere close to it. If you don't prevail on a SOL defense what are you going to do?

 

Florida law won't do you a damned bit of good in Ohio. However, the contract almost assuredly has a choice of law provision saying it is governed by Virginia law. The VA SOL is three years. If it was over three years old when the suit was filed, your defense should be that the contract has a choice of law provision designating that Virginia law applies, and the the debt is time-barred under that Virginia law.

 

There are people, who instead of watching "Days of our Lives", file lawsuits and set things for the 9am cattle call about every week. What you'll accomplish is you'll get the other side to drive to your court. This might be a distance. Since you were supposed to roll over and die, and you haven't done that, they are likely not to like this.

There are lots of ways you can play this. You can hide and become real small, hoping they won't notice you. Or you can become a giant ass and drive them absolutely crazy. Dumb Bob can't tell you want to do. That is up to you.

 

Assuming that you are correct then please explain to us why lawyers routinely quote cases from other states in their briefs and motions and go to great lengths to find cases from other states to quote.

 

Because the reasoning in those cases may be applicable to the case at hand.

 

Do you know how to set something for a hearing? Because just saying that you want something to happen might just mean that the issue will be discussed at the time you wish not to discuss it, the time that you've already been given.

 

EXACTLY! However the question was directed to DumbBob who said out of state cases are worthless.

 

Dumb Bob notes that there was in fact no question and the comment was actually made by one "Hedwig" who said: "Florida law won't do you a damned bit of good in Ohio."

 

You have a hearing date. But you can't wait for that date to ask for a continuance because the whole point is to avoid having the hearing on that date. So you need some means to get someone who can change that date to change that date.

Exactly how this is done might be different at different court levels and in different states but one means is probably to set a motion hearing. That can mean typing up a motion and the right cover pages saying that you want a hearing to reset your hearing. There might also be a judge's judicial assistant that you can at least contact for some direction here and possibly more. It will depend on the type of court probably. Remember, you don't want "legal advice", you just have this question you want to ask.

One way to find out what to do is to read what others have done in your court. Go to the court and ask to read some cases. Generally these are public records that should be available to read for free although you would have to pay for copies. You don't really need copies, you need to see how people format things, what happens in certain situations, etc.

These cases may be in physical folders or they may be in electronic form. There may be limits to how many you can see at one time or there may not be. You should find out.

The big problem is that if this is a lower level court, you might just get a pile of cases where the defendant rolls over for the other side. That can be a bit disillusioning. So you may want to go to a higher court where both sides are likely to have lawyers and see what the defense lawyers do.

Take it all one step at a time. You are early in this. You can still give up like almost everyone else does if it becomes more than you can deal with. But I wouldn't say it's good to give up without even trying to understand the situation. You might learn something useful.

 

I know that the one time I had to request a continuance in a lower court I basically sent them a memo with the case name and docket number. Basically saying, "We respectfully request a continuance" and then giving our reasons why.