Next Step Legal Procedure????
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Posted by Freedom Financial Flyer
(24.26.132.55) on December 09, 2003 at 11:46:36:
LOCATION: OHIO
Ok guys! Here is the down low: Am being sued by ASSet. I have answered the complaint (SOL being one of the defenses, no signed contract being another), sent in my own set of interrogatories and production of documents, filed a motion to compel because ASSet was several months overdue in answering, finally got their answers after motion to compel, and I answered their interrogatories and production of documents. I need advice on what to do next. In their answers, they provided no signed contract, no proof of ownership in which they could (can) have legal authority to collect, and by their own evidence, the SOL for Ohio (whether it is 4 years OR 6 years) has expired more than a year ago. For those that have been in the legal process....what is the next best step? A motion to dismiss? What can the case be dismissed on? A summary judgement? Nothing filed in court and a letter, phone call or fax to the attorneys? Any advice would most graciously be appreciated!
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