Legal and Ethical Business Environment
This research project involves a legal collections proceeding in small claims court in Toledo, OH. Discovery standards are relaxed and less rigid in small claims court. However, precedent, stare decisis and common law legal standards apply.
In other words, there may be statutory and case law that provides precedent to legally support defendant in this matter.
Facts:
Defendant has at least 8 red light traffic tickets in the city of Toledo. Administrative hearings were scheduled and “believed to be held” for each violation. Default judgments were rendered against the defendant for red light camera violations related to running red lights and speeding.
Defendant did not attend the administrative proceedings in these mattersbecause the administrative proceeding would have still resulted in the tickets being given and judgment rendered against the defendant.
Defendant believes that the Plaintiff must prove that the underlying debt exists to actually win the case and collect on the debt.
The plaintiff will thus have to prove that defendant actually broke the law and ran the red light(s) or sped through the intersection(s).
On at least three separate occasions, the driver of the vehicle was in fact the defendant’s spouse.
Issues to research:
- Does the Fair Debt Collections Practices Act apply to this legal issue? Defendant believes that the FDCPA only applies to consumers, is defendant a consumer?
Yes or no?
Give a one-sentence answer justifying your answer in 1.a.
- Is there an Ohio Revised Code that specifically provides for spousal privilege?
- Yes or no?
- If yes above, what is the code reference? However it seems that it might only apply to criminal proceedings…
- Is there a legal case in Ohio that is considered the seminal (reference) precedent that provides for spousal privilege?
- Yes or no?
- If yes above, what is the case name?
- Does Ohio expressly state that in a collections proceeding that the Plaintiff must prove that the debt is owed?
- Is there an Ohio statute regarding debt collections? Key Words: Ohio case statute debt collections. What is the Ohio Revised Code citation?
Statute Cite Here:
- Is there an Ohio case law precedent regarding what level of proof is required in a debt collections lawsuit? Key Words: Ohio case law debt collections.
Case Cite(s) Here:
- Is there Ohio statutory law the specifically addresses and regulates administrative agencies?
Statute Cite Here:
- Is there a written law or case law anywhere in the state of Ohio regarding funeral processions running through a red-light? Find the statute or state reference and provide it here:
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