First time in small claims lawsuit - loaned $7,000 and ghosted

[SmallClaimsHelp]

https://faq.usps.com/s/article/What-is-Certified-Mail

You should get the tracking number of the certified mail from the Court.

ah but there the plot thickens. I have the tracking number. The court has the tracking number. This tracking number was issued on february 9th 2023 5 weeks before the first court date (that they let the Defendant continue on the morning of the march 15th court date 30 min before the hearing while i was on the tarmac).

The tracking number is not a valid tracking number and the court has no other number so they gave me a shoulder shrug and said "oopsy"

 

[quincy]

ah but there the plot thickens. I have the tracking number. The court has the tracking number. This tracking number was issued on february 9th 2023 5 weeks before the first court date (that they let the Defendant continue on the morning of the march 15th court date 30 min before the hearing while i was on the tarmac).

The tracking number is not a valid tracking number and the court has no other number so they gave me a shoulder shrug and said "oopsy"

Not valid? That’s odd.

 

[SmallClaimsHelp]

Here's the latest update. 66 hours until court hearing.

I was informed 2 days ago that the bailiff had made 5 attempts to make service between 3/23/2023 and 4/12, all unsuccessful. The bailiff told me that each time they leave the paperwork on the door with case info and the date, a number to call, etc. Each time they returned the paperwork from the prior attempt at service by the bailiff was not on the door ("someone" removed it) and the dogs would come to the door each time.

I've seen these dogs dozens of times from the defendant sharing them with me when his wife and he bought the dogs.

So officially they still had not "made service"

I also hired a process server last week but the court wasnt able to issue them the official paperwork to serve.

The process server then told me i should file a "continuance". They made the phone call and filed the continuance via fax 2 days ago.

I called the clerk yesterday and today to confirm continuance. No response yesterady. as you recall me and my team have to fly up from texas.

I got ahold of the clerk today and she informs me "you can't file for continance because he hasnt been served".

I responded that last time he called in the morning of 30 min before we arrived and yall called me on the tarmac saying it had been continued and he hadnt been served.

She said, "yes that was a mistake and i shouldnt have done that."

i said ok so what do we do now. She said well you cant continue and he might show up so i cant tell ya what to do but he could show up on monday.

I said ok lets assume i show up monday and he doesnt show up, what do we do next? She said well theres nothing you can do until he's made service. I said ok so the only paperwork my process server has is for 4/17/23 so how do i serve him without a new court date? and she said i cant get a new court date until he's served.

So this leads me to a couple of questions:
1) what happens if i dont show up on monday and the defendant shows up?

2) what shoudl happen if i show up and the defendant doesnt show up? I'd assume i get a new court date and my Process Server can do the stakeout to finally get them served since the bailiff failed to make service.

3) My current online docket shows that my continuance was filed. Do i still need to fly to Columbus, OH monday?

04/14/2023	MOTION FOR CONTINUANCE FILED
	PLTF'S MOTION FOR CONTINUANCE FILED

4) while the Defendant called in to ask for a continuance the morning of the 3/15/23 court date, the docket says i the PLAINTIFF asked for the continuance. I told the clerk this and they havent updated it. Is this an issue?

The following event: SMALL CLAIMS HEARING -SC scheduled for 03/15/2023 at 1:30 pm has been resulted as follows: Result: CONTINUED BY REQUESTED OF PLAINTIFF

5) Here's the doggies that come to the door each time the Bailiff tried to make servie the last 5 times since march 20th.

https://ibb.co/0nD8ZDG

 

[SmallClaimsHelp]

Not valid? That’s odd.

yep exactly. Per the onilne docket:

02/09/2023	CERTIFIED MAIL - CM
	Issue Date: 02/09/2023 Service: ISSUE SVC FOR SMALL CLAIMS - ISI Method: CERTIFIED MAIL Cost Per: $0.00 O, S xxxx xxxxx LN COLUMBUS, OH Tracking No: C001431716

I informed the court the number wasnt trackable and they said "im sorry but thats the number and it's all we have. now we have to wait on USPS to try to deliver and respond if they cant."

I asked how long back in february and she said "theres no deadline. if they dont ever respond, then we cant consider service made"

 

[SmallClaimsHelp]

Assuming i win the case, are any of the fees for Bailliff Service and Process Servers required to be paid by the Defendant?

Any other fees / time / travel etc that they would have to pay? Most of this costs me only nothing and it's actually been pretty entertaining watching someone go through all this for a man and his wife to steal $7,000. Gives one hope in humanity

 

[quincy]

Perhaps it is time you get an attorney involved. Doing this yourself from a distance does not appear to be working out so well for you.

 

[SmallClaimsHelp]

Perhaps it is time you get an attorney involved. Doing this yourself from a distance does not appear to be working out so well for you.

oddly enough ive placed calls to multiple attorneys but havent been able to get any return calls. doesnt seem theres much attorney interest in helping with small claims filings

 

[quincy]

Ohio Rules of Civil Procedure, Process Serving Rules - ServeNow.com (serve-now.com)


IN THE FRANKLIN COUNTY MUNICIPAL COURT (franklincountyohio.gov)

The above links were provided to you earlier by adjusterjack. You might want to take some time to read through the information.

 

[SmallClaimsHelp]

Ohio Rules of Civil Procedure, Process Serving Rules - ServeNow.com (serve-now.com)


IN THE FRANKLIN COUNTY MUNICIPAL COURT (franklincountyohio.gov)

The above links were provided to you earlier by adjusterjack. You might want to take some time to read through the information.

Thanks. Yes the Process Server has been appointed but from my post above, you can see where the court is now confused and doesnt know what paperwork to issue them to serve after this coming monday. Here's record of using the form you posted which was submitted and approved a while back for my process server:

APPOINTMENT OF PROCESS SERVER COMPLETE

$3.00

$0.00

 

[SmallClaimsHelp]

This also makes no sense. bolded for simplicity

Service unclaimed.

If a certified or express mail envelope is returned with an endorsement showing that the envelope was unclaimed, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance process was issued. If the attorney, or serving party, after notification by the clerk, files with the clerk a written request for ordinary mail service, the clerk shall send by ordinary mail a copy of the summons and complaint or other document to be served to the defendant at the address set forth in the caption, or at the address set forth in written instructions furnished to the clerk. The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the clerk. Answer day shall be twenty-eight days after the date of mailing as evidenced by the certificate of mailing. The clerk shall endorse this answer date upon the summons which is sent by ordinary mail. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery. If the ordinary mail envelope is returned undelivered, the clerk shall forthwith notify the attorney, or serving party, by mail.

So what makes no sense here is in my 15 documented calls with the clerk she says "we have not received anythign back from the USPS saying it wasnt delivered". This mailing went out 2/9/2023.

I asked her how long do they give it? She said theres no statute of limitation on it so we cant consider him served.

 

[SmallClaimsHelp]

so at this point we've had these severcie attempts since February across 2 separate court dates:

- Certificed mail sent by the court

- USPS mail sent by the court

- 5 attemps by the bailiff knocking on their door and leaving paperwork

- 2 attemps by the Process Server knocking on door and waving hi to doggies and leaving paperwork

Court has said "no service has been made. sorry"

Stakeout pending by the Process Server but unable to be done because new court case hasnt been assigned and clerk says after mondays court date passes, wont be issued because "we havent made service"

 

[quincy]

I think you need a local attorney overseeing everything for you.

 

[adjusterjack]

She said, "yes that was a mistake and i shouldnt have done that."

So much for relying on court clerks for anything.

1) what happens if i dont show up on monday and the defendant shows up?

He could get the case dismissed and you'll have to start all over again. Unless he gets it dismissed with prejudice. Then, you can't refile and it's over.

If you are going to ask how that can happen, I have no clue. Depends on what he says to the judge and what the judge decides. By now you should realize that everything about your lawsuit is unpredictable.

2) what shoudl happen if i show up and the defendant doesnt show up? I'd assume i get a new court date and my Process Server can do the stakeout to finally get them served since the bailiff failed to make service.

That would be my guess.

Assuming i win the case, are any of the fees for Bailliff Service and Process Servers required to be paid by the Defendant?

Court fees and process service fees get added to your judgment plus post judgment interest at whatever rate is set by the state.

Any other fees / time / travel etc that they would have to pay?

Nope. Your time and travel/lodging costs are yours to bear.

oddly enough ive placed calls to multiple attorneys but havent been able to get any return calls. doesnt seem theres much attorney interest in helping with small claims filings

Have you said "I want to hire Mr _________ and I'm prepared to write a check for the retainer"?

So what makes no sense here is in my 15 documented calls with the clerk she says "we have not received anythign back from the USPS saying it wasnt delivered". This mailing went out 2/9/2023.

I asked her how long do they give it? She said theres no statute of limitation on it so we cant consider him served.

At this point he's not served until the court gets his signature or the process server hands him the papers personally. Your documented efforts don't count.

Stakeout pending by the Process Server but unable to be done because new court case hasnt been assigned and clerk says after mondays court date passes, wont be issued because "we havent made service"

Then your process server has the weekend to find him and serve him.

 

[Ohiogal]

yep exactly. Per the onilne docket:

02/09/2023	CERTIFIED MAIL - CM
	Issue Date: 02/09/2023 Service: ISSUE SVC FOR SMALL CLAIMS - ISI Method: CERTIFIED MAIL Cost Per: $0.00 O, S xxxx xxxxx LN COLUMBUS, OH Tracking No: C001431716

I informed the court the number wasnt trackable and they said "im sorry but thats the number and it's all we have. now we have to wait on USPS to try to deliver and respond if they cant."

I asked how long back in february and she said "theres no deadline. if they dont ever respond, then we cant consider service made"

There is caselaw in Ohio regarding this. They cannot consider the person served unless they have been served and the Certified mail is returned with a proper signature (and not Covid 19). Per what you have posted, the defendent has not been served and if you don't show up, it can be dismissed for lack of prosecution. Oh and you need to serve them within six months of filing the suit. Or it can be dismissed. That is fact.

 

[Ohiogal]

So much for relying on court clerks for anything.



He could get the case dismissed and you'll have to start all over again. Unless he gets it dismissed with prejudice. Then, you can't refile and it's over.

If you are going to ask how that can happen, I have no clue. Depends on what he says to the judge and what the judge decides. By now you should realize that everything about your lawsuit is unpredictable.



That would be my guess.



Court fees and process service fees get added to your judgment plus post judgment interest at whatever rate is set by the state.



Nope. Your time and travel/lodging costs are yours to bear.



Have you said "I want to hire Mr _________ and I'm prepared to write a check for the retainer"?



At this point he's not served until the court gets his signature or the process server hands him the papers personally. Your documented efforts don't count.



Then your process server has the weekend to find him and serve him.

In Ohio, it has to be docketed.