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

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Ohiogal

Queen Bee
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"
Tracking number means nothing if it has not be returned and docketed by the court.
 


SmallClaimsHelp

Active Member
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.
thank you kindly for taking the time to respond. very helpful. i will write a book when this is all done. nobody will buy it but it will be fun to write :)
 

adjusterjack

Senior Member
From Merriam-Webster

docket
1 of 2noun
dock·et ˈdä-kət

1
: a brief written summary of a document : ABSTRACT

2
a(1)
: a formal abridged record of the proceedings in a legal action
(2)
: a register of such records
b(1)
: a list of legal causes to be tried
also : the caseload of a court or judge
(2)
: a calendar of business matters to be acted on : AGENDA

3
: an identifying statement about a document placed on its outer surface or cover

docket
2 of 2verb
docketed; docketing; dockets
transitive verb
1
: to place on the docket for legal action

2
: to make a brief abstract of (something, such as a legal matter) and inscribe it in a list

3
: to inscribe (something, such as a document) with an identifying statement
 

SmallClaimsHelp

Active Member
May I suggest a title for your book? “SUCKERED”.
no doubt. there are thieves in this world. and often it's the people you least expect. This guy and his wife have taken thousands of $ away from the church i support because i thought i could help him for a short period of time. That's on their soul.
 

SmallClaimsHelp

Active Member
regarding the docket sayign the "plaintiff requested continuance in march" that was requested by the DEFENDANT, i've asked multiple times for that to be updated but the court refusres to update it.

1) is that an issue?

2) why wouldnt they update it to correct the record (or add another record on the docket stating as such)?
 

SmallClaimsHelp

Active Member
And as many fools who are soon parted from their money. This was a loan that should never have been made, to anybody, under any circumstances.

"I can't pay my mortgage but I'll pay you back in a couple of weeks."

smh.
His wife makes $150,000+ per year and theyre still in the house so they have the money
 

adjusterjack

Senior Member
His wife makes $150,000+ per year and theyre still in the house so they have the money
Yeah, had a guy like that here a long time ago. Owed millions after a real estate project failed. Filed bankruptcy but continued living the wealthy life style. All his family money and assets were in his wife's trust, untouchable.

Was your friend's wife's signature on any of the loan documents?
 

Ohiogal

Queen Bee
regarding the docket sayign the "plaintiff requested continuance in march" that was requested by the DEFENDANT, i've asked multiple times for that to be updated but the court refusres to update it.

1) is that an issue?

2) why wouldnt they update it to correct the record (or add another record on the docket stating as such)?
Did you file a motion with corroborating information that the docket was wrong?
 

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