I have a judgment in a township court in Ohio, that was dismissed for failure to prosecute (I never rcvd the summons from the court because I had moved, and FOE), so it was eventually dismissed by the judge. The same lawyer then filed it in the county court (same county), and that one still stands apparently though I don't remember rcvg anything, or signing for it...was in 2000; I have never paid it...but want to and that's another story. ANYWAY My question is that since both of them have showed up on my CR, can I get the 1st one deleted since I never recvd the summons?
1*I have a judgment in a township court in Ohio, that was dismissed for failure to prosecute 2*The same lawyer then filed it in the county court (same county), and that one still stands apparently though I don't remember rcvg anything, or signing for it...was in 2000; I have never paid it...but want to and that's another story. 3*ANYWAY My question is that since both of them have showed up on my CR, can I get the 1st one deleted since I never recvd the summons? tonyd ============= 1*Ohio don't have township courts, Only municipal (city) and county. Also a judgment can't be dismissed for failure to prosecute. 2*I'ed say that you were never served for this county one. 3*You should be able to get the first one deleted because there is no such thing as a township court in Ohio. Another reason for deleting it is because there never was a judgment to start with. As for the county one it appears from what you've posted that you were never served for it.
Hi lbrown... The 1st court was Painesville Muni, and the case information I have a copy of says (it's in front of me) "dismissed w/o prejudice --41 B 1 for failure to prosecute". I was never served because I had moved and the FOE, and they did not have my current address. THat one made it my T/U CRand the report says it was paid, though I didn't pay it; I never knew about it! It was dismissed! The one that is on all 3 CR was filed in Willoughby Muni, which I beleive is the same jurisdiction as Painesville. Now this 1st one I'd like to have removed; should it have ever really stood? And y did it not hit all 3? The 2nd one I am planning on making good on as long as it's lagit and the lawyer didn't do something questionable by filing in a different court than the 1st. But I want to prove I was served, I guess. That 2nd one, they claim I was served but I cannot remember recieving anything or signing a green card or whatever at that time. It was 2000. My roommate at the time can't remember jack...I am told that anyone could have signed for it and it's legal, (which in my opinion is wrong) however, be that as it may the courts say it's valid. I think I should get a copy to look at it. I am not knowlegable in this area!
1*The 1st court was Painesville Muni, and the case information I have a copy of says (it's in front of me) "dismissed w/o prejudice --41 B 1 for failure to prosecute". That one made it my T/U CRand the report says it was paid, though I didn't pay it; I never knew about it! It was dismissed! 2*Now this 1st one I'd like to have removed; should it have ever really stood? 3*And why did it not hit all 3? 4* The 2nd one that is on all 3 CR was filed in Willoughby Muni, which I believe is the same jurisdiction as Painesville. 5*But I want to prove I was served, I guess. 6*That 2nd one, they claim I was served but I cannot remember receiving anything or signing a green card or whatever at that time. 7*I think I should get a copy to look at it. 8*I am not knowledgeable in this area! tonyd ===================== 1*There was not any judgment involved here.Tu Can't have a judgment from this court listed on your report and it be accurate reporting. 2*There never was a judgment, so how could it stand? 3*My guess is. Because the other 2 CRAs had sense enough to realize That there wasn't any judgment from the Painesville Muni. court. to report. 4*No this is not the same jurisdiction as Painesville Muni. Court. 5*I don't think you were ever served by the Willoughby Muni. court. 6*That's probably because you weren't served. I think they are implying that since you were served for the Painesville Muni. Court. its covers the service requirements of the Willoughby Muni. Court, but it does not. 7*I know you should get a copy. 8*I have been to court a few times over the years. ~~~~~~~~~~~What I don't get is how they are getting by with hopping from court to court and reporting judgments every time they make the jump.``````````This has to be inaccurate illegal reporting! """"```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Judgment Questions--Need Help! The first case was dropped because the the attorney either failed or chose not to pursue it. Depending on the court they don't actually have to serve you, but reasonably try to serve you. It varies greatly from state to state. I would use your willingness to pay the judgement to get it vacated (NOT satisfied).
Re: Re: Judgment Questions--Need Help! You eed to find out if the first one was entered in error after the dismissal. Get a CERTIFIED copy of the dismssal from the Court and send a copy to the CRA with a cover letter stating exactly what the error is and stating that they are required BY LAW to accept documentation that proves their error. The reason for the differences between the CRAs is that they use different data providers, and some of them are VERY careless about checking the accuracy of the Court data they report. As to paying of the judgment,you might wish to check how long it will be on record in your State if you DON'T pay,as when you PAY it, it may remain as a paid or satisfied judgment on your credit reports for 7 years from the filing date of the satsfaction if a new filing # is assigned for the satisfaction.
Re: Re: Judgment Questions--Need Help! 1*The first case was dropped because the attorney either failed or chose not to pursue it. 2*I would use your willingness to pay the judgment to get it vacated (NOT satisfied). 3*Depending on the court they don't actually have to serve you, 4*but reasonably try to serve you. It varies greatly from state to state. -Pnwman ================= 1*So why is TU reporting A judgment from this court when there wasn't any judgment? 2*What judgment there wasn't any. *I would use your willingness to pay the judgment: I would not. Why admit it as yours when obviously there is an error of law here. Use the error of law to correct it and avoid shooting your self in the foot. 3* 4*I don't believe there was even any attempt to serve him in the second case. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Judgment Questions--Need Help! *1-You eed to find out if the first one was entered in error after the dismissal. ---------------------------------- *1-The 2nd one was filed in ANOTHER court: Willoughby. The 1st one was filed in Painesville: both in same county so is that lagit? The first summons was returned to the court, FOE. I had moved. The 2nd one, the courts are claiming I was served so I need to get a copy of the case file...and the green card, but for that I need to go to the attorney that filed it or would that come from the court too?
Re: Re: Judgment Questions--Need Help! *1-The 2nd one was filed in ANOTHER court: Willoughby. The 1st one was filed in Painesville: both in same county so is that legit? tonyd ============= 1*What I would like to know is why are they going from court to court on this and reporting judgments from every court? How many times can they try you for the same thing? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Judgment Questions--Need Help! 1*The first summons was returned to the court, FOE. 2*The 2nd one, the courts are claiming I was served 3*so I need to get a copy of the case file...and the green card, but for that I need to go to the attorney that filed it or would that come from the court too? tonyd ============== 1*What is FOE? 2*What court claims you were served the first one or the second court? Who are they saying served you? 3*The court would have this not the attorney. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Re: Judgment Questions--Need Help! Definately listen to Whychat. In many states you don't have to receive the summons for it to be valid. The rules of Service vary greatly from state to state. You would go to the Court to get a copy of any and all papers filed in the case. Good luck.
Re: Re: Re: Re: Judgment Questions--Need Help! I agree ! But this don't answer my question. How can they get by with filing in court after court on this. Why don't they just file suit against him in every court in Ohio and be done with it then.
Re: Re: Judgment Questions--Need Help! FOE is forwarding order expired...I had moved and the lawyer did not have the correct address so it came back to Painesville Court...that is the judgment that only made it to my T/U CR, and the 1st one filed. Then the same lawyer, about 2 mos later filed another judgment in Willoughby court for the same amount, and apparently found my correct address at that time, as the court says I received the summons. I think my roommate at the time may have signed for it and it got lost in the house somewhere, or thrown away as I have NEVER seen it! I was in an out of there so much I was rarely home. That new address was out of state, as it is now so I cannot just hop down to the court house-I am 900 miles away!
Re: Re: Re: Judgment Questions--Need Help! 1*That new address was out of state, as it is now so I cannot just hop down to the court house-I am 900 miles away! tonyd *********************** Interesting question for the legal beagles: Can a creditor file suit in a state that the defendant don't live in? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Judgment Questions--Need Help! You can go on-line to the County Clerk's office and get the documents mailed to you. Ohio judgments are good for up to 21 years, however they must be renewed every 5 years, it is possible that the 2nd judgment will not be renewed in 2005 and would no longer in force, which would mean you could get BOTH off your reports.
Re: Re: Re: Judgment Questions--Need Help! The thing I don't get is why are they jumping this around from court to court when tonyd lives 900 miles away from both courts? Another question is does either one of these courts have jurisdiction over the case?
Re: Re: Re: Judgment Questions--Need Help! These courts are city courts not county courts so how can he do that.?
Re: Re: Re: Judgment Questions--Need Help! Bumping for answer to this question. Interesting question for the legal beagles: Can a creditor file suit in a state that the defendant don't live in?
Re: Re: Re: Judgment Questions--Need Help! SMALL CLAIMS COURT---HOME COURT ADVANTAGE... I have no idea if it follows in this case...
