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Mark Hayden Troutman

Mark Troutman’s Answers

3 total

  • What legal action can I take to challenge a jewelry store for swapping out my wedding ring diamond (1.02) 4 a .67 ctw?

    My ring was resized and when I picked up the ring at the jewelers and it was presented to me I immediately complained "this is not my ring". The store manager, dismissed me and said "obviously your mistaken".. "I know my ring of 22 years", it wa...

    Mark’s Answer

    You have already received many good comments about how to approach this through both criminal and civil law in general. I won't repeat their advice.

    As an Ohio practitioner in consumer law, the Consumer Sales Practices Act (CSPA) provides protection to consumers in your position. The CSPA allows you to bring a claim for deceptive or unconscionable acts, which, if proven, your claims would qualify under. Importantly, the CSPA allows you to receive three times your damages and have your attorneys' fees paid by the offending jeweler.

    Interestingly, while civil actions often move slower than criminal ones, amendments to Ohio's CSPA will go into effect in approximately 60 days that will allow the jeweler to make an immediate offer to "cure" the alleged conduct. Although going forward becomes risky if you do not ultimately receive more than the offer to "cure" from the jeweler because you can lose out on treble damages and attorneys' fees, it would give you a means to obtain swift relief if the jeweler is prepared to be reasonable. No matter the route you choose, I would recommend seeking immediate counsel on the issue before you proceed.

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  • What kind of lawyer do I need?

    I took a Auto shop to small claims court. They had a lawyer that had the case dismissed on the wrong names and company . I took a father and son which has the same name and I put Sr. and Jr. They also claimed I had the wrong company which they pro...

    Mark’s Answer

    You could also check your billing statements that you received for the proper name for the company involved. If that presents the same issues, there are ways to file lawsuits against one party and leave others unnamed until you determine their true identity. If that is an option in the small claims court that you're in, you may be able to use the lawsuit to determine the proper entities to sue.

    Depending on the types of claims, you may be able to file in Common Pleas court and have your attorneys' fees paid. You have many options--good luck going forward.

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  • What paper work is needed from a collection agency to prove the debt is legitimate in Ohio?

    I am currently involved in a lawsuit from a default with a credit card. The merchandise I had bought was defective and completely broke within a short period of ownership. I am fighting this and have had two status conferences. During these status...

    Mark’s Answer

    In addition to the response that you've already received, you may be in a situation where the collection agency is not yet a party to your lawsuit. If that is the case, you may be able to serve a subpoena on the collection agency to obtain their complete files regarding any accounts that you have outstanding. The rules regarding subpoenas are often technical, even for attorneys. A collection agency may require you to follow them strictly, which could involve sending the subpoena certified mail or serving the subpoena through a process server or attorney.

    As for the documents needed to prove a "valid" debt, the credit card company likely has whatever documentation would be needed.

    If you need more assistance, I would recommend that you contact an attorney licensed in Ohio to help you through these issues and more that will inevitably arise.

    Best of luck,

    Mark H. Troutman

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