jliv29

Midland dismissed. My guess is they had nothing, since they never completed discovery.

Update!! They dismissed the case today. Without prejudice, but SOL is up soon, so I'm taking the win.

It says trial on the court papers. I've read the civil rules for my court, its very streamlined it seems. In my municipality your answer can be combined with motion to dismiss, motion for discovery, etc. It looks like my best bet would be to file a motion for arbitration. Or, fingers crossed, they dismiss.

I did not request arbitration in the answer, should I request it at my hearing next week, or file an amendment to my answer stating arbitration?

original contract, record of them owning said debt, bill of sale for said contract

In the answer/motion i asked for discovery and motion was approved by judge.

A little background, sued by Midland in Ohio for syncrony bank cc.This is the second suit for the same debt, first was in 2016 and it was dismissed without prejudice before the court date. Answered the summons pro se and it was accepted by court with a hearing date scheduled for May 21. Now, last time I received a discovery questionnaire before the hearing, but this time I've received nothing. The court laws state discovery must be no less than 30 days before trial. So far I've seen no movement from them on the public court access. So do I go to court next week and explain to the judge they are not upholding the rules of the court and ask for a dismissal, or is Midland going to show up and attempt to settle, ask for continuance etc. . Has anyone had this happen with their suits?

So just got off the phone with courts, it was dismissed w/o prejudice so they can file again. After carefully reading this new lawsuit it is exactly the same paperwork filed two years ago, just a different date file. Their 'evidence' is the same. Two acct. statements from the original cc dated 3-2014 and 9-2014. Looks like they have nothing new. Amount owed is same, $2800, although now they are asking me to pay interest on a judgment if they win (last lawsuit requested no interest). I will be filing my answer (I will also just repeat the same answer from 2 years ago). Unless there is something new I can hit them with-any suggestions?

In Winter of 2016 I was sued by Midland for cc debt. Answered prose def using help from this forum and case was dismissed IJ, when they asked for a motion for continuance and it was denied. Now I've been served for the same debt. Can they do this? I thought it was resolved when judge dismissed it before.