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Case Information
Filed
2025-02-19
Status
INACTIVE
Type
Replevin
Docket
26 entries
Parties
Plaintiff
Ally Bank
Defendant
Jessica Cruz
Lawyers
Docket Entries
- COMPLAINT FOR MONEY JUDGMENT AND MOTION FOR POSSESSION OF PERSONAL PROPERTY (REPLEVIN) FILED. SERVICE REQUEST - SUMMONS BY SPECIAL PROCESS SERVER TO THE DEFENDANT(S).
- CASE CALLED FOR DEFAULT HEARING BY TELEPHONE ON 05/28/2025. COUNSEL FOR PLAINTIFF APPEARED. NO APPEARANCE BY OR ON BEHALF OF DEFENDANT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 05/06/2025, IS GRANTED. THIS CAUSE CAME ON FOR HEARING ON THE 28TH DAY OF MAY, 2025, UPON PLAINTIFF'S COMPLAINT, MOTION FOR POSSESSION OF PERSONAL PROPERTY AND MOTION FOR DEFAULT JUDGMENT. THE COURT FINDS THAT ALTHOUGH DEFENDANT, JESSICA CRUZ, WAS SERVED IN THIS ACTION, JESSICA CRUZ HAS FAILED TO PLEAD OR OTHERWISE APPEAR. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED THAT JUDGMENT IS HEREBY RENDERED AGAINST DEFENDANT, JESSICA CRUZ, IN FAVOR OF PLAINTIFF, ALLY BANK, ON COUNT ONE IN THE PRINCIPAL SUM OF $28,949.46 TOGETHER WITH ACCRUED FINANCE CHARGES IN THE AMOUNT OF $1,628.52 THROUGH OCTOBER 17, 2024, AND LATE CHARGES IN THE AMOUNT OF $350.36. PLAINTIFF SHALL BEAR ITS COURT COSTS. IT IS FURTHER ORDERED, ADJUDGED AND DECREED ON COUNT TWO, GRANTING PLAINTIFF THE PERMANENT RIGHT TO POSSESSION OFTHE FOLLOWING COLLATERAL: DESCRIPTION: 2019 DODGE CHALLENGER VIN#: 2C3CDZBT8KH705144 LOCATION: 3209 CHATHAM AVENUE CLEVELAND, OHIO 44113 DEFENDANT, JESSICA CRUZ, HEREBY IS ORDERED TO TURN OVER SAID COLLATERAL TO PLAINTIFF. THE SHERIFF OF CUYAHOGA COUNTY IS HEREBY AUTHORIZED PURSUANT TO STATUTE TO DELIVER POSSESSION OF THE COLLATERAL TO PLAINTIFF. SINCE THIS IS A FINAL ORDER OF THIS COURT, THE REQUIREMENT OF BOND IS HEREBY WAIVED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT DEFENDANT WAS GIVEN PRIOR NOTICE AND AN OPPORTUNITY FOR A JUDICIAL HEARING AT WHICH DEFENDANT COULD ASSERT DEFENSES TO PLAINTIFFS CLAIM. IT IS SO ORDERED. NOTICE ISSUED
- TELEPHONE DEFAULT HEARING SET FOR 05/28/2025 AT 09:15 AM. ALL PARTIES ARE TO CONTACT THE COURT'S STAFF ATTORNEY AT 216-443-8674 AT THE SCHEDULED DATE AND TIME. PLAINTIFF'S ATTORNEY SHALL PROVIDE THE COURT WITH JUDGMENT ENTRY; AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE COMPLIED WITH; AND AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. PLAINTIFF TO NOTIFY ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME AND DATE OF THE DEFAULT HEARING BY REGULAR AND CERTIFIED MAIL AT LEAST TEN (10) DAYS PRIOR TO HEARING DATE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL WITHOUT PREJUDICE PURSUANT TO CIV.R. 41(B). NOTICE ISSUED
- P1 ALLY BANK MOTION FOR DEFAULT JUDGMENT FILED AMY CLUM HOLBROOK 0075625
- JUDGMENT ENTRY(56831965) SENT BY REGULAR MAIL SERVICE. TO: JESSICA CRUZ 3209 CHATHAM AVENUE CLEVELAND, OH 44113-0000
- JUDGMENT ENTRY(56831964) SENT BY EMAIL. TO: AMY CLUM HOLBROOK [email protected]
- JUDGMENT ENTRY(56831963) SENT BY EMAIL. TO: AMY CLUM HOLBROOK [email protected]
- CASE CALLED FOR REPLEVIN HEARING BY TELEPHONE ON 04/30/2025. COUNSEL FOR PLAINTIFF APPEARED. NO APPEARANCE BY OR ON BEHALF OF DEFENDANT. THE COURT NOTES THAT THERE IS GOOD SERVICE ON DEFENDANT, THAT SAID DEFENDANT HAS NOT REQUESTED A CONTINUANCE OF THE HEARING, AND THAT DEFENDANT HAD NOT FILED A BOND WITH REGARD TO THIS CASE. THE COURT FINDS PROBABLE CAUSE TO SUPPORT PLAINTIFF'S MOTION ON THE BASIS OF THE ATTACHED AFFIDAVIT. IN ACCORDANCE, PLAINTIFF'S MOTION FOR POSSESSION OF PERSONAL PROPERTY (REPLEVIN), FILED 02/19/2025, IS GRANTED. 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
- REPLEVIN HEARING BY TELEPHONE PREVIOUSLY SCHEDULED FOR 04/23/2025 IS RESET AS FOLLOWS: REPLEVIN HEARING SET FOR 04/30/2025 AT 09:30 AM. PARTIES TO CONTACT THE COURT'S STAFF ATTORNEY AT (216) 443-8674 AT THE SCHEDULED DATE AND TIME. FAILURE TO APPEAR AND/OR COMPLY WITH THIS COURT'S ORDER MAY RESULT IN SANCTIONS INCLUDING DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE PURSUANT TO CIV.R. 41(B). NOTICE ISSUED
- REPLEVIN HEARING SCHEDULED FOR 04/23/2025 AT 09:00 AM IS CANCELLED.
- CASE CALLED FOR REPLEVIN HEARING ON 03/11/2025. COUNSEL FOR PLAINTIFF APPEARED. DEFENDANT JESSICA CRUZ APPEARED PRO SE. DEFENDANT IS GRANTED UNTIL 04/08/2025 TO ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO PLAINTIFF'S COMPLAINT. REPLEVIN HEARING IS CONTINUED AS FOLLOWS: REPLEVIN HEARING SET FOR 04/23/2025 AT 09:00 AM. PARTIES TO CONTACT THE COURT'S STAFF ATTORNEY AT (216) 443-8674 AT THE SCHEDULED DATE AND TIME. FAILURE TO APPEAR AND/OR COMPLY WITH THIS COURT'S ORDER MAY RESULT IN SANCTIONS INCLUDING DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE PURSUANT TO CIV.R. 41(B). NOTICE ISSUED
- 56160491 ON 02/28/2025 I SERVED THE WITHIN NAMED CRUZ/JESSICA/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
- SUMS COMPLAINT(56160491) SENT BY SPECIAL PROCESS SERVER. TO: JESSICA CRUZ 3209 CHATHAM AVENUE CLEVELAND, OH 44113-0000
- WRIT FEE
- REPLEVIN HEARING SCHEDULED FOR 03/11/2025 AT 9:00AM.
- JUDGE MICHAEL P SHAUGHNESSY ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID WELTMAN WEINBERG & REIS CO., L.P.A.
- CASE FILED
- NOTICE AND REQUEST FOR HEARING
- MOTION FOR POSSESSION OF PERSONAL PROPERTY (REPLEVIN).
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