Plaintiff admits she never loaned me money but the magistrate ruled in her favor

[justalayman]

Why should they have anything from your last hearing. It's up to you to bring any evidence you wish to present. If you didn't brim anything, that is on you. If ohio small claims allows an automatic appeal on small claims and a trial de novo, then go for it. It they don't you will have to appeal based on error and so far you have not articulated and appealable error.

 

[Ohiogal]

Ohio




The $3500 would have came from her bank account I assume, had she ever went through with the loan. In every loan I've ever heard of you sign the contract before receiving the money so that's how this was done.

I retrieve the records I was after today. The magistrates decision from the child support hearing states. "Father's obligation to pay past support is reduced to zero effective December 31, 2011. Mother is forever precluded from collection the approximately $6,200 of past support waived as a result of this order."

She agreed in the child support hearing, and when signing the motion to reduce arrearages, that she was doing this voluntarily under her own accord without duress, pressure, threats, or undue influence from me or any other person.

In Ohio, you need to get the decision from the magistrate, object to the presiding judge and then take it appeals court. It is NOT based on NEW information. You cant bring in NEW evidence if you object. You missed that chance. You are confined to only what was presented in the hearing. And you are looking most likely at abuse of discretion. Do you have $3k to fight this?

 

[BL]

In Ohio, you need to get the decision from the magistrate, object to the presiding judge and then take it appeals court. It is NOT based on NEW information. You cant bring in NEW evidence if you object. You missed that chance. You are confined to only what was presented in the hearing. And you are looking most likely at abuse of discretion. Do you have $3k to fight this?

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/qandact_view

According to this , these are the steps. Above link.

I suppose if he's willing to pay the cost of the transcript , he can file the objection and lose money.

 

[Ohiogal]

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/qandact_view

According to this , these are the steps. Above link.

I suppose if he's willing to pay the cost of the transcript , he can file the objection and lose money.

Which is what I said. From the link:

What recourse do I have if I lose?


If the magistrate rules against you and you want to challenge the magistrate’s decision, you will need to do the following:

1.Immediately, while standing in front of the magistrate, ask him or her to prepare a report on the decision.

2.Check with the Court Clerk to find out when the report has been completed and filed.
3.Within 14 days of the filing of the report, you must file an objection with the court detailing why you believe the magistrate was wrong.

4.Mail a copy of your objections to the other party in the case.

5.If you disagree with the magistrate's determination as to what the facts are in your case, you must file a transcript of the proceedings with your objections. However a transcript can be costly.

6.Once filed, a municipal or county court judge will review the case along with your objections and make a ruling.


If the judge upholds the decision, you can appeal the judge's decision to the court of appeals. On appeal, however, the matter becomes more complex. Consult an attorney as to your chances of winning. Also check the local rules of your particular court.

*cheer* The Ohio attorney knows Ohio law. Amazing. LOL

 

[legal_curiosity]

justalayman
Since the two events are completely unrelated, it's hard to know that I need to bring child support papers to a hearing regarding a personal loan

Ohiogal
Sure I do. But I could also request the courts to add all of these expenses to my counter suit right?

 

[Zigner]

justalayman
Since the two events are completely unrelated, it's hard to know that I need to bring child support papers to a hearing regarding a personal loan

I dunno - I would have brought documentation relating to ALL financial dealings. But maybe that's just me...a former boy scout.

Ohiogal
Sure I do. But I could also request the courts to add all of these expenses to my counter suit right?

First: Huh? What counter suit?
Second: If you HAD a counter suit, the answer would likely be no, but that's just conjecture since there is no such animal in your situation.

 

[Ohiogal]

justalayman
Since the two events are completely unrelated, it's hard to know that I need to bring child support papers to a hearing regarding a personal loan

Ohiogal
Sure I do. But I could also request the courts to add all of these expenses to my counter suit right?

Oh well. And no, you don't get to request appeal expenses in the appeal. You have no counter suit.

I was at the Court of Appeals today (won't say which) and one of the oral arguments was on a small claims case. Went from magistrate to judge to CoA. Go figure that. The argument was hilarious -- pro se litigant who decided they could represent a relative because they had a POA. Judges weren't buying it as that is UPL. But you have fun. Budget about $3k for the appeal -- and about a year's time. (these cases aren't expedited)