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Court stalls ruling on Motion to Dismiss

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quincy

Senior Member
Ohio - I am suing the State of Ohio on a wrongful taking of money case. There are many millions involved and the state submitted a motion to dismiss over jurisdiction. After my attorney replied, the state has had almost 11 months (and counting) to determine if they have jurisdiction or not. Is the court allowed to stall for the state while they cook their books. What legal action can I take to move the case forward? 11 months to determine if you have jurisdiction, seriously?
You have "AV rated attorneys" handling the class action and you think they are stumped - and now you want to take legal action to move this class action suit along, huh?

Seriously, Gentry James, trust that the attorneys know what they are doing. Class action suits take a lot of time (think years not months).

The only possible thing I see that you can do is to attempt to further publicize through media outlets the problems with support collection in Ohio. However, this class action suit has already been covered by the media and, at this point in time, any further attention would probably focus more on the frustration of those caught in the child support system and will not help to move the case through the court system.
 
You have "AV rated attorneys" handling the class action and you think they are stumped - and now you want to take legal action to move this class action suit along, huh?

Seriously, Gentry James, trust that the attorneys know what they are doing. Class action suits take a lot of time (think years not months).

The only possible thing I see that you can do is to attempt to further publicize through media outlets the problems with support collection in Ohio. However, this class action suit has already been covered by the media and, at this point in time, any further attention would probably focus more on the frustration of those caught in the child support system and will not help to move the case through the court system.
Time for a run-on... One would hope that instead of throwing good taxpayers dollars after bad and defending the state on this with stall tactics, that the state's attorney's would chart a different course, admit to the problem, and get to focusing on a fix instead of delay and the continued waste of tax dollars defending this wrongdoing, but hey that would be a brave, trust building, positive, high character move, so I guess we can't expect that.

Go Blue!
 

quincy

Senior Member
Time for a run-on... One would hope that instead of throwing good taxpayers dollars after bad and defending the state on this with stall tactics, that the state's attorney's would chart a different course, admit to the problem, and get to focusing on a fix instead of delay and the continued waste of tax dollars defending this wrongdoing, but hey that would be a brave, trust building, positive, high character move, so I guess we can't expect that.

Go Blue!
Ha. Go Blue! (even after their disappointing loss on Saturday :()

I don't entirely disagree with you on the child support systems set up in Ohio and elsewhere. Michigan has, like Ohio, had major problems with their collection and disbursement efforts in the past, mostly in the years when they were going from a county collection system to a statewide system. While Wayne County probably benefited from this change, a lot of the support dollars that were collected from payers and dispersed to payees with no problem at all in a few well-run counties somehow disappeared into the system when the changes were made and, to my knowledge, never located (but I haven't really kept up with the issue).

At any rate, I know that individual payers and payees at that time often found skipping the support system entirely worked better for them - but that was only when the parties could get along well enough to make it work (which, quite frankly, was rare). And I am not even sure that is possible now? Ohiogal knows better than I.
 
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Ha. Go Blue! (even after their disappointing loss on Saturday :()

I don't entirely disagree with you on the child support systems set up in Ohio and elsewhere. Michigan has, like Ohio, had major problems with their collection and disbursement efforts in the past, mostly in the years when they were going from a county collection system to a statewide system. While Wayne County probably benefited from this change, a lot of the support dollars that were collected from payers and dispersed to payees with no problem at all in a few well-run counties somehow disappeared into the system and, to my knowledge, never located (but I haven't really kept up with the issue).

At any rate, I know that individual payers and payees at that time often found skipping the support system entirely worked better for them - but that was only when the parties could get along well enough to make it work (which, quite frankly, was rare).
Hoke needs to know that playing for a tie in overtime may not be the best strategy, but I'm not ready to send back the degree.

Ohio has mandatory withholding. We have no option to pay our own obligation, so from the start they had it wrong and failed to correct the withholding. It even took them 8 months to correct it after we filed suit! No one in this class is a deadbeat since we all have these large credits. We are the guys who care for our children, work hard to earn money for our family, help the state gain federal funds because we create positive collection numbers that they are paid incentives on, and for it all, we are at the mercy for an uncaring, unscrupulous, greed driven group. To ad to the insult, we all pay a processing charge of 2% of the CS amounts collected. So get that, we are paying to get fleeced. What on earth is the processing charge for if not to first insure that you take the correct amount, or at least have systems to correct errors? In my case the state sent erroneous math handwritten on the withholding order (higher that the correct amount, of course.) I believe this is how 25% of all Ohio cases are now included in this mess. Pure negligence, not criminal of course, because no employee would purposely boost their numbers by intentionally stealing money from a citizen in their caseload. I think a lot of employee across the state, just had some math challenges. It happens I guess.

We need more in-depth, investigative reporting on this to expose it further. Know anyone?
 

ecmst12

Senior Member
The only thing that comes to my mind is that what if you lose your job sometime in the next 15 years before your obligation is complete? What if you have a personal financial disaster and can't pay for a while? Then having that credit will save not just you but your children, in the event that you can't keep up at some point in the future. Paying back a credit after your children are adults is a lot easier on the system (and your kids) than having to chase someone down for arrears for years after the kids have aged out. So the policy is understandable. You are trying to make a big change in the law/policy with this lawsuit, you should absolutely NOT expect it to be either quick or easy.
 

TigerD

Senior Member
The only thing that comes to my mind is that what if you lose your job sometime in the next 15 years before your obligation is complete? What if you have a personal financial disaster and can't pay for a while? Then having that credit will save not just you but your children, in the event that you can't keep up at some point in the future. Paying back a credit after your children are adults is a lot easier on the system (and your kids) than having to chase someone down for arrears for years after the kids have aged out. So the policy is understandable. You are trying to make a big change in the law/policy with this lawsuit, you should absolutely NOT expect it to be either quick or easy.
However the time value of money tells us that $1,500 today is worth $4,758 in 15 years. Quite a difference.

DC

## Added -- at a modest 8 percent interest
 

tranquility

Senior Member
However the time value of money tells us that $1,500 today is worth $4,758 in 15 years. Quite a difference.

DC

## Added -- at a modest 8 percent interest
Where can I get 8%???!!??!?

Realistically, once we inflate away all this "qualitative easing" that allows the government to print unsupported money; while the number might be around that, the "worth" will be far less.
 
Nor I mine. :)


You can probably find someone in your area interested enough in the story to devote some time to it.
Okay will do. And this is for the other interested parties who may have silently 'tuned in'. If you want to run credits up and maintain a credit balance for 18 years on someone, there is a legal process for that. It's call at payment bond or surety bond. If you want one on me, good luck, I have never defaulted on any obligation, and I will meet you in court. Also, to the state's attorney's, you guys are some kind of hypocritical. Going after unscrupulous bill collectors while defending the same practices by the state. From the Columbus Dispatach:

Attorney general sues debt collector
DeWine says company harassed people for debts they didn�t owe

http://www.dispatch.com/content/stories/local/2012/09/21/attorney-general-sues-debt-collector.html
 

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