I wrote about this back in April, in another thread. Here's where it stands:
Sued for $935, answered complaint.
March 2024 Made a request for production pursuant Ohio Civ. 34 and 106 "Complete contract"... Bill of Sale refers to "Account Purchase Agreement" and Certificate of Loan Sale refers to "Loan Sale Agreement" I requested both plaintiff never responded
April Filed a MTC Production of documents.
May 15 - Pre trial. Magnistrate did not look at any docs ahead of time. Seems to think Plaintiff's docs are in order. I the judge to Compel the Plaintiffs to produce the contracts, as there can be terms beneficial to my case, such as the Plaintiff can pursue collection but cannot pursue litigation. Judge says that could be 1,000 pages... it's burdonsome, but didn't deny the MTC. Judge set dates for discovery, response and next pre-trial. I re-write a better MTC with screenshots of how short purchase agreements are (about 35 pages) and examples of terms that would help me win my case.
Shortly before the motion deadline Jeff Cap lawyer filed a motion for summary judgment of two pages, basically I filed a lawsuit... I should win. I countered with my own really detailed Motion for Summary jugdment. I also followed Brian Parker's "use their documents against them" in an attached Affidavit.
The complaint lists Jeff Cap as the successor in interest to Cross River Bank, but the Bill of Sale has Affirm selling the file to Jeff Cap in December 2022, not Cross River. Affirm is not mentioned in the complaint. Then in April 2023, Cross River Bank apparently transferred the file to Affirm. This is a chain of title problem, because there's no docuumentation of Cross River selling the file to Jeff Cap.
I also mention Jeff Cap's failure to produce documents, and failure to even answer.
Second pre-trial May 18. I show up. A different lawyer for another case is on the screen. The same judge from May starts asking the lawyer, why didn't he respond my new motion to compel, and why didn't he respond to my Motion for Summary judgment. I didn't know what my lawyer looked like (first pre-trial was on the phone)... but the lawyer from a different case is dumbfounded. We finally realize that it's the wrong lawyer vs. the wrong defendant.
Anyway, the judge seems to want to why the Jeff Cap lawyer is just blowing me off.
When my turn comes Jeff Cap's lawyer should be appearing via teleconference. He no shows. They can't reach him or his staff. Judge said they will try to find out what is going, he better have a real good reason. Then he told me he was sorry. I'll get an update from the court.
I don't want overconfident, but it could be worse.
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Jefferson Capital lawsuit (Affirm/Cross River Bank)
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