Credit Acceptance Corporation Vs. Otis Bailey

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 10/25/2023 - GRANTED

NOTICE FILED BY P1 CREDIT ACCEPTANCE CORPORATION ATTORNEY YALE R. LEVY 0065006 NOTICE OF HEARING

CASE CALLED FOR DEFAULT HEARING ON 10/23/2023. PLAINTIFF APPEARED THROUGH COUNSEL; DEFENDANT FAILED TO APPEAR. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 09/20/2023, IS GRANTED. THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANT HAS BEEN OBTAINED, AND THAT DEFENDANT HAS FAILED TO PLEAD OR OTHERWISE RESPOND WITHIN THE TIME PERIOD SPECIFIED UNDER CIV.R. 12. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT JUDGMENT BE RENDERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $9,496.81, PLUS INTEREST AT THE APPLICABLE STATUTORY RATE (5.00%) FROM THE DATE OF JUDGMENT, PLUS COSTS OF THIS ACTION. OSJ. COURT COST ASSESSED TO THE DEFENDANT(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED

SUMS COMPLAINT(49820893) SENT BY CERTIFIED MAIL. TO: OTIS BAILEY 4332 E 146TH ST CLEVELAND, OH 44128

CASE CALLED FOR DEFAULT HEARING 10/02/2023. NEITHER PARTY APPEARED. DEFAULT HEARING RESET FOR 10/23/2023 AT 2:30 P.M. FAILURE TO APPEAR WILL RESULT IN A DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, PURSUANT TO CIV.R. 41(B)(1). PARTIES AND COUNSEL ARE TO WAIT IN THE 20TH FLOOR LOBBY FOR THIS CASE TO BE CALLED. PLAINTIFF'S ATTORNEY MUST FILE THE FOLLOWING ITEMS PRIOR TO THE HEARING: 1. THE CONTRACT(S), ASSIGNMENT(S), OR WRITTEN INSTRUMENT(S) UPON WHICH PLAINTIFF SEEKS JUDGMENT; 2. JUDGMENT ENTRY REFLECTING PRINCIPAL DUE WITHOUT REGARD TO ACCRUED INTEREST; 3. AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY AVERRING COMPLIANCE WITH ALL SERVICE REQUIREMENTS IN ACCORDANCE WITH APPLICABLE STATUTES AND RULES; AND 4. AFFIDAVIT SIGNED BY THE PLAINTIFF OR PLAINTIFF'S REPRESENTATIVE PROVING DAMAGES. 5. PLAINTIFF IS REQUIRED TO NOTIFY IN WRITING ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME AND DATE OF THE DEFAULT HEARING BY REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST TEN (10) DAYS IN ADVANCE OF THE HEARING DATE. PROOF OF TIMELY MAILING OF SUCH NOTICE MAY BE REQUIRED AT THE DEFAULT HEARING. CERTIFIED MAIL RECEIPT OR PROOF OF CERTIFIED MAIL SERVICE ATTEMPTS, AVAILABLE FROM THE USPS WEBSITE, IS ALSO REQUIRED. 6. EVIDENCE OF MILITARY SERVICE STATUS OF DEFENDANT PURSUANT TO THE SERVICEMEMBERS' CIVIL RELIEF ACT FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, PURSUANT TO CIV.R. 41(B)(1). DEFAULT HEARING SET FOR 10/23/2023 AT 02:30 PM. NOTICE ISSUED

PRAECIPE FILED PRAECIPE

THE DOCKET REFLECTS THAT SERVICE HAS NOT BEEN PERFECTED UPON DEFENDANT. ACCORDINGLY, THE 07/03/2023 CASE MANAGEMENT CONFERENCE IS CONTINUED TO 08/18/2023 AT 9:00AM. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. PURSUANT TO CIV.R. 4(E). "IF A SERVICE OF THE SUMMONS AND COMPLAINT IS NOT MADE UPON A DEFENDANT WITHIN SIX MONTHS AFTER THE FILING OF THE COMPLAINT AND THE PARTY ON WHOSE BEHALF SUCH SERVICE WAS REQUIRED CANNOT SHOW GOOD CAUSE WHY SUCH SERVICE WAS NOT MADE WITHIN THAT PERIOD. THE ACTION SHALL BE DISMISSED WITHOUT PREJUDICE UPON THE COURT'S OWN INITIATIVE WITH NOTICE TO SUCH PARTY OR UPON MOTION." THIS CASE WAS FILED ON 02/16/2023. ACCORDINGLY, IF SERVICE ON DEFENDANT HAS NOT BEEN PERFECTED BY 08/16/2023, THIS CASE WILL BE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV.R. 4(E). CASE MGMNT CONFERENCE SET FOR 08/18/2023 AT 09:00 AM. NOTICE ISSUED

CASE FILED: COMPLAINT, PERSONAL IDENTIFIER FORM

PRAECIPE FILED PRAECIPE

PRAECIPE FILED PRAECIPE

THE DOCKET REFLECTS THAT SERVICE HAS NOT BEEN PERFECTED UPON DEFENDANT. ACCORDINGLY, THE 05/31/2023 CASE MANAGEMENT CONFERENCE IS CONTINUED TO 07/03/2023 AT 10:30AM. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. CASE MGMNT CONFERENCE SET FOR 07/03/2023 AT 10:30 AM. NOTICE ISSUED

THE DOCKET REFLECTS THAT DEFENDANT WAS SERVED VIA REGULAR MAIL ON 08/09/2023. DEFENDANT WAS REQUIRED TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE 09/06/2023. AS OF 09/11/2023 NO ANSWER OR OTHER RESPONSE HAS BEEN FILED. CASE IS HEREBY SET FOR DEFAULT HEARING. PLAINTIFF TO FILE MOTION FOR DEFAULT WITHIN TEN DAYS OF THIS ORDER. DEFAULT HEARING SET FOR 10/02/2023 AT 9:00 A.M. PARTIES AND COUNSEL ARE TO WAIT IN THE 20TH FLOOR LOBBY FOR THIS CASE TO BE CALLED. PLAINTIFF'S ATTORNEY MUST FILE THE FOLLOWING ITEMS PRIOR TO THE HEARING: 1. THE CONTRACT(S), ASSIGNMENT(S), OR WRITTEN INSTRUMENT(S) UPON WHICH PLAINTIFF SEEKS JUDGMENT; 2. JUDGMENT ENTRY REFLECTING PRINCIPAL DUE WITHOUT REGARD TO ACCRUED INTEREST; 3. AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY AVERRING COMPLIANCE WITH ALL SERVICE REQUIREMENTS IN ACCORDANCE WITH APPLICABLE STATUTES AND RULES; AND 4. AFFIDAVIT SIGNED BY THE PLAINTIFF OR PLAINTIFF'S REPRESENTATIVE PROVING DAMAGES. 5. PLAINTIFF IS REQUIRED TO NOTIFY IN WRITING ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME AND DATE OF THE DEFAULT HEARING BY REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST TEN (10) DAYS IN ADVANCE OF THE HEARING DATE. PROOF OF TIMELY MAILING OF SUCH NOTICE MAY BE REQUIRED AT THE DEFAULT HEARING. CERTIFIED MAIL RECEIPT OR PROOF OF CERTIFIED MAIL SERVICE ATTEMPTS, AVAILABLE FROM THE USPS WEBSITE, IS ALSO REQUIRED. 6. EVIDENCE OF MILITARY SERVICE STATUS OF DEFENDANT PURSUANT TO THE SERVICEMEMBERS' CIVIL RELIEF ACT FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, PURSUANT TO CIV.R. 41(B)(1). DEFAULT HEARING SET FOR 10/02/2023 AT 09:00 AM. NOTICE ISSUED

THE DOCKET REFLECTS THAT SERVICE HAS NOT BEEN PERFECTED UPON DEFENDANT. ACCORDINGLY, THE 08/17/2023 CASE MANAGEMENT CONFERENCE IS CONTINUED TO 09/20/2023 AT 10:30AM. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. PURSUANT TO CIV.R. 4(E). "IF A SERVICE OF THE SUMMONS AND COMPLAINT IS NOT MADE UPON A DEFENDANT WITHIN SIX MONTHS AFTER THE FILING OF THE COMPLAINT AND THE PARTY ON WHOSE BEHALF SUCH SERVICE WAS REQUIRED CANNOT SHOW GOOD CAUSE WHY SUCH SERVICE WAS NOT MADE WITHIN THAT PERIOD. THE ACTION SHALL BE DISMISSED WITHOUT PREJUDICE UPON THE COURT'S OWN INITIATIVE WITH NOTICE TO SUCH PARTY OR UPON MOTION." THIS CASE WAS FILED ON 02/16/2023. ACCORDINGLY, IF SERVICE ON DEFENDANT HAS NOT BEEN PERFECTED BY 08/16/2023, THIS CASE WILL BE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV.R. 4(E) CASE MGMNT CONFERENCE SET FOR 09/20/2023 AT 10:30 AM. NOTICE ISSUED

THE DOCKET REFLECTS THAT SERVICE HAS NOT BEEN PERFECTED UPON DEFENDANT. ACCORDINGLY, THE 04/25/2023 CASE MANAGEMENT CONFERENCE IS CONTINUED TO 05/31/2023 AT 9:30AM. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. CASE MGMNT CONFERENCE SET FOR 05/31/2023 AT 09:30 AM. NOTICE ISSUED

NOTICE FILED BY P1 CREDIT ACCEPTANCE CORPORATION ATTORNEY YALE R. LEVY 0065006 NOTICE OF HEARING

SUMS COMPLAINT(50534109) SENT BY CERTIFIED MAIL. TO: OTIS BAILEY 4332 E 146TH ST CLEVELAND, OH 44128

AFFIDAVIT FILED BY P1 CREDIT ACCEPTANCE CORPORATION ATTORNEY YALE R. LEVY 0065006 AFFIDAVIT OF MILITARY SERVICE

SUMS COMPLAINT(51340290) SENT BY REGULAR MAIL SERVICE. TO: OTIS BAILEY 4332 E 146TH ST CLEVELAND, OH 44128 ANSWER DATE: 09/06/2023

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT