Credit Cards, Rating, Repair Summary Judgment

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sparkplug

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First - thank you for this valuable service.

I have been fighting, pro se, a credit card law suit for the past 4 months. Things were (it appeared) going well. I have invested in a tremendous amount of legal research to better educate myself for my defense and have followed rules of civil procedure to the letter. Today, I received from the court a letter which read:

"This matter comes on for hearing on the "Defendants" combined Brief in reply to Plaintiff's Opposition to Defendant's motion to dismiss with Prejudice." It is not responsive to the motion for summary judgment filed on April 30, 2014. The defendant has not replied to the Plaintiff's motion for Summary Judgment in the fashion required by Ohio Rule of Civil Procedure 56, and more than 14 days has elapsed since Plaintiff's motion for Summary Judgment was filed. Therefore, by separate entry, the court grants the relief the Plaintiff prays for."

I do not understand this. As stated, I have followed civil procedure completely. What can I do?

Thank you so much!!
 
First - thank you for this valuable service.

I have been fighting, pro se, a credit card law suit for the past 4 months. Things were (it appeared) going well. I have invested in a tremendous amount of legal research to better educate myself for my defense and have followed rules of civil procedure to the letter. Today, I received from the court a letter which read:

"This matter comes on for hearing on the "Defendants" combined Brief in reply to Plaintiff's Opposition to Defendant's motion to dismiss with Prejudice." It is not responsive to the motion for summary judgment filed on April 30, 2014. The defendant has not replied to the Plaintiff's motion for Summary Judgment in the fashion required by Ohio Rule of Civil Procedure 56, and more than 14 days has elapsed since Plaintiff's motion for Summary Judgment was filed. Therefore, by separate entry, the court grants the relief the Plaintiff prays for."

I do not understand this. As stated, I have followed civil procedure completely. What can I do?

Thank you so much!!



I can't say why that court ruled as it did, sparky.

From what I can gather the court felt you were unresponsive insofar as your answer to plaintiff's initial complaint.

That can derive from many, many things.

In these small claims "LIKE" matters, the pro se defendant often out lawyers himself or herself.

These lower level courts aren't interested in scholarly briefs.

They desire brevity, facts, and relish common sense over lawyerly pleadings.

Another general observation, sparky, its a waste of time to try and fight these credit card charlatans.

In many cases, the SOL has already run, and the debt is noncollectable (unless the mark "YOU" makes a classic misstep).

Another observation is that the plaintiffs are FREQUENT filers.
They fund those JUNK courts.
Some thinks that means they get justice, others get the shaft.
 
The letter reads as if you did in fact reply, but your response to the motion was lacking something. Only the court could tell you why it ruled as it did.
Your options still may not be exhausted.
 
It seems OP didn't reply in proper fashion and/or time required.
 
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