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Collections Law/Motion or appeal or lifted help please

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Expert: Creditwrench - 9/6/2010


Question
First of all thank you for you time its much appreciated.  I live in Ohio and have a credit card in collections.  They filed a complaint in municipal court, then filed for default judgement of coarse I responded.  The court gave them 30 days to provide proof of the assignment and evidence as to the amount of damages. The court heard nothing. The judgment entry filed pltf having failed to respond to previous order of this court dated 1/26/10 and having failed to purse this cas it is ordered the case dismissed without prejudice on 2-9-10. Ok I understand what that means my question is ... Can I file a motion to have the case dismissed "with prejudice" failure to state claim. I dont think i can appeal since its not a final judgement . how about a motion to have judgement lifted. what is my next step. I did just send them a letter demandeing validation.  

Answer
Leave it alone. The court has ruled and you if you try to get it changed that will open the door for them to respond back and the fight starts all over again. I doubt the court would pay any attention to you anyway. The case was closed back in February and it is now a dead issue and cannot be reopened with the possible exception of motion to vacate void judgment and of course that would also be useless since the court did not make any errors in it's judgment. And now you say you just sent them a letter demanding validation? You seriously need to learn this stuff instead of jumping out in the middle of the lake without knowing how to swim. (LOL) You had 30 days after their INITIAL contact with you to do yourself any good with a demand for validation. As it is you probably just woke them up and now they just might get the proof they needed and come after you again. You should never have done that. Bad move indeed.

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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