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Court stalls ruling on Motion to Dismiss

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tranquility

Senior Member
11 months and counting for a jurisdiction issue that has already been decided by an appeals court. That's what.

Um...you are aware the Ohio supreme court is higher than an Ohio appeals court, right? In both the cases I cited, the appeals court decisions were overturned. We cannot even guess because we don't have the facts, but your case's appellate decision may have been rendered invalid by the holding(s).
 
Um...you are aware the Ohio supreme court is higher than an Ohio appeals court, right? In both the cases I cited, the appeals court decisions were overturned. We cannot even guess because we don't have the facts, but your case's appellate decision may have been rendered invalid by the holding(s).

I will review these cases. Thanks for providing actual content instead of just rhetoric.
 

Ohiogal

Queen Bee
Also consider that if it is at the State Supreme Court they may determine that if you are suing the STATE that you have to do so in Federal Court. Conflict in the state court and all that jazz...

Of course you stated Court of Claims -- is this a class action brought by inmates?
 
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Also consider that if it is at the State Supreme Court they may determine that if you are suing the STATE that you have to do so in Federal Court. Conflict in the state court and all that jazz...

Of course you stated Court of Claims -- is this a class action brought by inmates?

Although a few of the class could conceivably be incarcerated, it is not a suit brought by inmates. It is for the over collection and conversion of wages in excess of legal obligations. The state is, in fact, also not following applicable federal regulations, but state law should be sufficient to handle an over collection case. Especially since the state is required to provide precise records of these transactions.
 

You Are Guilty

Senior Member
Although a few of the class could conceivably be incarcerated, it is not a suit brought by inmates. It is for the over collection and conversion of wages in excess of legal obligations. The state is, in fact, also not following applicable federal regulations, but state law should be sufficient to handle an over collection case. Especially since the state is required to provide precise records of these transactions.
FA to English translation:

"We're mad the state garnished us for child support arrears".
 
FA to English translation:

"We're mad the state garnished us for child support arrears".

So wrong you are! Over collection (in excess of court ordered amounts) when all arrears are satisfied or never existed, is simply wrongful excessive taking. Plain as the nose on your face. When state records show 200 million in cumulative credits. Nice try though.
 

Zigner

Senior Member, Non-Attorney
So wrong you are! Over collection (in excess of court ordered amounts) when all arrears are satisfied or never existed, is simply wrongful excessive taking. Plain as the nose on your face. When state records show 200 million in cumulative credits. Nice try though.

Best of luck to ya!
 

You Are Guilty

Senior Member
So wrong you are! Over collection (in excess of court ordered amounts) when all arrears are satisfied or never existed, is simply wrongful excessive taking. Plain as the nose on your face. When state records show 200 million in cumulative credits. Nice try though.

I love being psychic!


Then again, I already knew that.
 
I love being psychic!


Then again, I already knew that.

I'm sure in your psychic mind you have a pretty good image of me, right?

Money grubbing non-caring parent, right? Well here's the deal. I'm a custodial parent with custody of my kids 50% of the time. In fact, I need to type fast because I'm running to a soccer game in a few minutes. So, I do pay less that a non-involved parent who just pays a full support amount. I get to pay slightly less and retain funds in my home for my children's care. So get this, if I was $3,500 behind in SC I would qualify for some personal time in the concrete, but if the state takes $3,500 in SC from me and my kids after I tell them they have their math wrong, it's just kind of a joke. If they collected dollars that are really 'support' it was support dollars denied my children in my home contrary to the courts order. You able to follow? Bottom line: The state has is mistreating parents and kids and abused their power. Not mentioned is the false reporting they had online about the balances, that they have since fixed with a total redesign, but no time for that now.....

I'll be the psychic this time: You will not reply at all or really bring the snark now!
 

Zigner

Senior Member, Non-Attorney
I'm sure in your psychic mind you have a pretty good image of me, right?

Money grubbing non-caring parent, right? Well here's the deal. I'm a custodial parent with custody of my kids 50% of the time. In fact, I need to type fast because I'm running to a soccer game in a few minutes. So, I do pay less that a non-involved parent who just pays a full support amount. I get to pay slightly less and retain funds in my home for my children's care. So get this, if I was $3,500 behind in SC I would qualify for some personal time in the concrete, but if the state takes $3,500 in SC from me and my kids after I tell them they have their math wrong, it's just kind of a joke. If they collected dollars that are really 'support' it was support dollars denied my children in my home contrary to the courts order. You able to follow? Bottom line: The state has is mistreating parents and kids and abused their power. Not mentioned is the false reporting they had online about the balances, that they have since fixed with a total redesign, but no time for that now.....

I'll be the psychic this time: You will not reply at all or really bring the snark now!

Is your assertion that you have a class action suit based on a (perceived) error in your withholding?
 
Is your assertion that you have a class action suit based on a (perceived) error in your withholding?

I have a credit admitted by the state, that they say cannot be used for 15 years until the end of SC. Or I have the option of suing my ex. Nice, right. There are 100,000 plus just like me with significant over collection >$1,500. The state used math 'errors' sent to employers to achieve this 'buffer' system.
 

Zigner

Senior Member, Non-Attorney
I have a credit admitted by the state, that they say cannot be used for 15 years until the end of SC. Or I have the option of suing my ex. Nice, right. There are 100,000 plus just like me with significant over collection >$1,500. The state used math 'errors' sent to employers to achieve this 'buffer' system.

What is SC?
 

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