What is the name of your state? Ohio
Regarding 3 credit-type debts alleged to wife about 11 years old (prior to marriage), collector/Plaintiff purchased them from original creditors, and filed complaint after items were dissolved from the credit record last year. Believe SOL for suit in OH is 15 yrs. Pushed issue to trial not believing Plaintiff could substantiate the claims. Only documents ever provided regarding the original/alleged debts were screen prints of the collector's records.
Date of trial 05/25/07, Plaintiff did not appear, but Court called them via phone about 15 mins after trial time (10:30), probably pursuant to their prior appearance by phone. Plaintiff then apparently advised Court they had already dismissed the claim, whereupon Court advised us case was being dsmissed without prejudice. Received dismissal letter from Plaintiff which was post-marked 05/30/07. Also received time-stamped document today from the court showing the dismissal was not filed until 12:34 p.m. on date of trial.
Question 1: If OH Civil Rule 41 (A) (1) (a) stipulates that a Plaintiff may dismiss a case by "filing a notice of dismissal at any time BEFORE the commencement of trial ...", doesn't the above scenario violate this point of law and nullify the dismissal?
If so, are we able to go back and request a procedural review and Summary Judgment in our favor (based on lack of evidence presented by the Plaintiff)? Scouring the law and can find no "how-to's" in this regard. Any guidance anyone can point me to?
Question 2: Are debts in excess in excess of $500 required to be memorialized in writing per federal civil rules?
Regarding 3 credit-type debts alleged to wife about 11 years old (prior to marriage), collector/Plaintiff purchased them from original creditors, and filed complaint after items were dissolved from the credit record last year. Believe SOL for suit in OH is 15 yrs. Pushed issue to trial not believing Plaintiff could substantiate the claims. Only documents ever provided regarding the original/alleged debts were screen prints of the collector's records.
Date of trial 05/25/07, Plaintiff did not appear, but Court called them via phone about 15 mins after trial time (10:30), probably pursuant to their prior appearance by phone. Plaintiff then apparently advised Court they had already dismissed the claim, whereupon Court advised us case was being dsmissed without prejudice. Received dismissal letter from Plaintiff which was post-marked 05/30/07. Also received time-stamped document today from the court showing the dismissal was not filed until 12:34 p.m. on date of trial.
Question 1: If OH Civil Rule 41 (A) (1) (a) stipulates that a Plaintiff may dismiss a case by "filing a notice of dismissal at any time BEFORE the commencement of trial ...", doesn't the above scenario violate this point of law and nullify the dismissal?
If so, are we able to go back and request a procedural review and Summary Judgment in our favor (based on lack of evidence presented by the Plaintiff)? Scouring the law and can find no "how-to's" in this regard. Any guidance anyone can point me to?
Question 2: Are debts in excess in excess of $500 required to be memorialized in writing per federal civil rules?