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Motion to Quash Service

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menchari

Member
Okay. Just got an answr for my last question. It basicaly meant acknowlegement of the motion to dismiss and that there would be a court order going out soon. In this case a letter arrived stating that there would be a non-verbal hearing next month.
I am of course expecting some form of objection from the other party, most likely when going over other cases in the area from the same outfit and lawfirm it will most likely be the usual incompetant affidavit and/or document of the plaintiffs creation.
 


Antigone*

Senior Member
Okay. Just got an answr for my last question. It basicaly meant acknowlegement of the motion to dismiss and that there would be a court order going out soon. In this case a letter arrived stating that there would be a non-verbal hearing next month.
I am of course expecting some form of objection from the other party, most likely when going over other cases in the area from the same outfit and lawfirm it will most likely be the usual incompetant affidavit and/or document of the plaintiffs creation.
Or maybe they'll just serve you properly now.
 

menchari

Member
The outfit that sued me doesn't have a clear title to the account. I also have paperwork showing that another outfit had ownership of the same account number a year after the one that sued me purchased the information. Second it is 2.5 years past the statute of limitations in the state of Ohio based on the paperwork they submitted to the court. Like I said I do have paperwork that can clearly demonstrate that they do not have valid ownership of the claim that and my bank records do not show anysuch payment in 2/04 like they claim was the last activity on the alleged account. It pays to keep all your records past the time most people keep them and what is kept.
 

menchari

Member
Non-verbal hearing

Okay I have another question on this. An non-verbal hearing took place two weeks ago and there has been no ruling made one way or another on my motion to dismiss. Any idea what is going on and if I need to do anything?
 

You Are Guilty

Senior Member
Okay I have another question on this. An non-verbal hearing took place two weeks ago and there has been no ruling made one way or another on my motion to dismiss. Any idea what is going on and if I need to do anything?
I might if you could explain what a "non-verbal hearing" is. Sign language?
 

menchari

Member
A non-verbal hearing means the judge or magistrate will go over the motions, evidence etc. filed with the court.
The Plaintiff did not respond to my motion to dismiss, and there has been no ruling on the motion after nearly 3 weeks at this point.
 
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menchari

Member
Dismissed!!!

Success!! Just got a ruling in the mail today and it read more like a appeal decision but I will include the ruling after all the pages of what made up the decision.

"1. The Motion to Dismiss Complaint / Cause of Action for failure to have obtained service of process on Defendant, ******, within one year of the date of filing is granted.
2. The judgement by Default rendered by the Court against Defendant, ***** , in favor of Plaintiff, on **** 2007, is Void ab initio, and of no effect."
 

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