cival case problem.

[Market Trader]

Ok so i have a judgement against a corporate company from a private person.
I just happen to be named the AGENT in the case because i am the CEO of the company.

This is a ohio cival case( small claims ) where the person sued the company/me for relief over a towed car that was ordered by a private property owner.

I had a pretty solid case until i had a clerical error and missed one date for a NO-SHOW and the judge let me have it.

The judge ruled a defult judgement for my no show. I then filed a written objection that was overruled, and then i filed a releif from judgement that was also overruled. So i didn't appeal the case as that would have been the next step.

Now i have been served with a collection notice and an order to appear to answer under oath concerning property both real and private.

The judgement is for 3300.00 of which i can pay, but i feel i was unjustly ruled upon.

Anyone at all have any help on this?

thanks

M/T

[charlesa6]

Now i have been served with a collection notice and an order to appear to answer under oath concerning property both real and private.

Once they get the judgment, they want to discover your asset and collect the debt.

Did you file the Motion to vacate the judgment?
Did you have reporter during the proceeding of your case?
Did you file the motion to reconsider the judgment?

[Market Trader]

Originally Posted by charlesa6

Once they get the judgment, they want to discover your asset and collect the debt.

Did you file the Motion to vacate the judgment?
Did you have reporter during the proceeding of your case?
Did you file the motion to reconsider the judgment?

I filed none of the above and didn't have a reporter but the case was recorded.

[joseph sugarman]

You missed the court date. You were ruled against, You decided not to appeal even though the ruling was unfair. Pay the amount ordered, and be done with it.

[charlesa6]

Originally Posted by Market Trader

I filed none of the above and didn't have a reporter but the case was recorded.

To take the matter to their supervisor which means the appellate court you need the transcript for them to glance and correct the problem.

If the case is recorded then is good too, all you need the copy of it.

How old is this case?

If less than 30 days file the motion to reconsider or motion to vacate the judgment before you take the matter to their supervisor to sort it out or just pay the fine if you don't have the time to do it.

[Market Trader]

Originally Posted by joseph sugarman

You missed the court date. You were ruled against, You decided not to appeal even though the ruling was unfair. Pay the amount ordered, and be done with it.

Well....I was doing all this as i was representing myself as agent.

I had several appearances in and figured i shown a clear vested intrest in the case but the judge thought differantly when i had the clearical error.

When it came time to appeal the cleark at the courthouse told me that i wasn't capable of doing so without counsel/attorney and they wan't 3k just to appeal. Hello? the judgement is for 3k = no brain decision.Ya-know?

So i didn't appeal.

I filed the following-
1. A written objection= overruled

2. A request for retrial= overruled

3. A relief from judgement= overruled

I think it was unfair especially since i submitted all the arguments to the discovery to the courts and the plaintiff.
It was in black and white without me being there.

I know for sure the time has lapsed for appealing and i am now getting hit with the collection of the judgement with discovery of assets,bank account numbers etc...
I have an order to appear on july 17th to discuss the matter under oath about the assets.

[Notorial dissent]

OK, if I understand what you have written, someone sued your company, it really is incorporated, right?

You tried to appear for the company and got shot down because unless you are a lawyer, you cannot appear for a corporation.

You lost the case because as far as the judge, and the law was concerned there was no show for the company.

Under those circumstances, the only thing you can do is either pay the judgement, or get an attorney and see if he can file for a rehearing-not that guarantees the outcome won't be the same, but you will have to have an attorney to go to court at any level.

[charlesa6]

My advice to you, just go to the hearing with your Bank draft, Personal checking account, Credit card or Money order and pay the judgment.
Don't let them snoopy into your assets at all.

[Market Trader]

Originally Posted by Notorial dissent

OK, if I understand what you have written, someone sued your company, it really is incorporated, right?

You tried to appear for the company and got shot down because unless you are a lawyer, you cannot appear for a corporation.

You lost the case because as far as the judge, and the law was concerned there was no show for the company.

Under those circumstances, the only thing you can do is either pay the judgement, or get an attorney and see if he can file for a rehearing-not that guarantees the outcome won't be the same, but you will have to have an attorney to go to court at any level.

Yes the company is INCORPORATED and i thought small claims cases prohibit CORP companies from even going in???
I lost the case to default for a no-show appearance by clerical error ( it was a misunderstanding of dates)

Charlesa:

Yes i don't want those rats even in my assets so i am tempted to pay against my better judgement.