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Bulldog6

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  1. I have had a complaint filed by a local collections agency. The complaint is for a total of around $1400. The complaint is for hospital bills. However, the one complaint is for 8 different bills with 8 different dates of service and from 2 different hospitals. Does anyone know if in Ohio this can be done? I would think each bill would be required to have an individual lawsuit filed, not one lawsuit defending multiple occurences at different locations. Thanks in advance for any advice
  2. voluntary dismissal without prejudice by the plaintiff
  3. So, is there anything out there that gives a good definition of standard of proof for the CRA's to report? Rephrased: What proof do the CRA's have to have to keep reporting a debt if you dispute it? I just had a case dismissed with a JDB. I know it was because they knew they would not be able to prove standing. Now I want to have this removed from my credit report. I am a complete newbie at this but I have been lurking and reading. However, I cannot find anything that says what the 'Reportee' must provide to the CRA'a as proof that the debt is valid and can be reported on. I tried posting this under Credit Bureaus and haven't had even 1 view in 24 hrs so I thought I would move it here
  4. So, is there anything out there that gives a good definition of standard of proof for the CRA's to report? Rephrased: What proof do the CRA's have to have to keep reporting a debt if you dispute it? I just had a case dismissed with a JDB. I know it was because they knew they would not be able to prove standing. Now I want to have this removed from my credit report. I am a complete newbie at this but I have been lurking and reading. However, I cannot find anything that says what the 'Reportee' must provide to the CRA'a as proof that the debt is valid and can be reported on.
  5. Well looks like fighting it works. Checked the Docket last night and ... voluntary case dismisal without prejudice. I guess they knew they had no way of winning in a fight, so why do it. Next I begin working to get it removed from my credit report.
  6. This is the interrogs, admissions, and requests I sent Interrogatory no. 1: State the name, address, phone number, place of employment, and title of the person(s) answering these interrogatories and admissions. ANSWER: Request for admission no. 1: Admit that you do not now have and have never had control or possession of the alleged credit application from ‘Account’, bearing the Defendant’s signature as requested as item #1 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 2: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 2: Admit that you do not now have and have never had control or possession of The alleged credit agreement from ‘Account’ that states interest rate, grace period, terms of repayment, et cetera as requested as item #2 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 3: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 3: Admit that you do not now have and have never had control or possession of A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC. had the authority and capacity, and was legally entitled to collect on the alleged debt from ‘Account’as requested as item #4 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 4: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 4: Admit that you do not now have and have never had control or possession of Any and all further documentation that sets forth the terms and agreements between the Original Creditor and the Defendant as requested as item #5 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 5: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 5: Admit that you do not now have and have never had control or possession ofLetter(s) sent to Defendant by Plaintiff and/or the Original Creditor ‘CIT BANK’, demonstrating an attempt to collect on the alleged debt, ‘Account’ as requested as item #6 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 6: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 6: Admit that you do not now have and have never had control or possession of A notarized statement by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally as requested as item #7 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 7: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 7: Admit that you do not now have and have never had control or possession ofany further documents that you believe establish that Defendant had an outstanding account or debt related to ‘Account’ as requested as item #8 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 8: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 8: Admit that you do not now have and have never had control or possession ofAny further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt as requested as item #9 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 9: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 9: Admit that you do not now have and have never had control or possession ofany written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff’s accessing of Defendant’s credit report(s) as requested as item #10 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 10: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 10: Admit that you do not now have and have never had control or possession ofany communications from plaintiff to the Defendant explaining why plaintiff reported the alleged debt to any credit reporting agency, as well as obtaining Defendants credit report(s) as requested as item #11 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 11: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 11: Admit that you do not now have and have never had control or possession of any credit report(s) plaintiff obtained from any credit reporting agency concerning the Defendant as requested as item #12 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 12: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 12: Admit that you do not now have and have never had control or possession ofany notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or‘Account’ as requested as item #13 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 13: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 13: Admit that you do not now have and have never had control or possession of any other documentation, except the statement entered as ‘Exhibit A’ attached to the original complaint, that you will present at trial as requested as item #14 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 14: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 14: Admit that you do not now have and have never had control or possession ofDocuments establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder as requested as item #15 in the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012. ANSWER: Interrogatory no. 15: If you deny the above, state the reason for your denial and for not including the document in your 6/6/2012 response ANSWER: Request for admission no. 15: Admit that the only documentation provided in response to the ‘Defendants Request for Production of Documents as received by the Plaintiff on or about 5/16/2012 and responded to by the Plaintiff on 6/6/2012 was an exact duplicate copy of ‘Exhibit A’ as attached to the original complaint. ANSWER: Interrogatory no. 16: If you deny the above, state the reason for your denial. ANSWER: Interrogatory no. 17 Please identify each person who you intend to call as a witness in the trial of this matter and provide a brief description as to the basis of the testimony. ANSWER: REQUEST FOR PRODUCTION NO. 1 Please produce a copy of each of any of the documentation listed in the above Request for Admissions wherein you claim the document does exist and is in your control. REQUEST FOR PRODUCTION NO. 2 Please produce a copy of each document you plan to introduce as evidence at the trial of this matter. REQUEST FOR PRODUCTION NO. 3 Please produce an electronic copy of Plaintiff’s ‘Exhibit A’ in Microsoft Excel Format as provided for in Civ. R 34( to the email address yahoo.com. As provided above, all electronic communication will be valid when an acknowledgement is received.
  7. Now on to the stuff I hope is helpfull After receiving the scumsuckers convoluted mess of 'PLAINTIFF’S FIRST SET OF INTERROGATORIES,REQUEST FOR ADMISSIONS,AND REQUEST FOR PRODUCTION OF DOCUMENTS' all incuded in one document. I typed the whole thing in. I then took their boilerplate legalese and added it to my INTERROG's I sent to them. Following is an edited version of what I sent them. Anyone want to critique? (first post is their boilerplate) <Obvious header information as required> Note: this request contains Requests for Admission Comes Now Defendant Bulldog6 Pro Se, and files this Defendants First Request for Admissions, First set of interrogatories, and Second Request for Documentation, to be answered by Plaintiff, under oath, in writing, and in accordance with Rules 33, 34, and 36 of the Ohio Rules of Civil Procedure, within twenty-eight (28) days of service hereof. Pursuant to Rule 36 each admission contained herein shall be considered to be admitted unless these admissions are responded to within a period twenty-eight days from service. Prior to the expiration of twenty-eight days, the party to whom the request is directed must serve on the requesting party a written answer or objection addressing the matter and signed by the party or the party’s attorney. Failure to respond results in an admission of the facts contained therein. DEFINITIONS AND INSTRUCTIONS 1. The term ‘Complaint’, as used in this request refers to the Complaint as filed against the Defendant in this lawsuit. Case# CVF 2. The term ‘Plaintiff’ as used in this request refers to the Plaintiff, Midland Funding LLC and anyone or anything acting on their behalf. 3. The term ‘Defendant’ as used in this request refers to Bulldog6, an individual. 4. The term ‘Account’ means the alleged Account designated in the complaint ************xxxx’ 5. The term ‘you’, ‘your’, or ‘yours’ as used in this request refers to the Plaintiff. 6. The term ‘Document’ or ‘Documents’as used in this request shall be defined in the broadest extent permitted by Rule 34 and includes, whenever applicable and without limitation, the originals (or a copy thereof if the original is lost or destroyed) of any recordation of any intelligence or information, whether handwritten, typed, printed or otherwise visually or orally produced, including, but without limiting the generality of the foregoing, agreements, contracts, acknowledgements, invoices, letters, correspondence, notes, notebooks, appointment books, calendars, computer disks, photographs, diaries, sales literature, advertising literature, movie film, microfilm, video tapes, and sound reproductions, conversations or interviews, and any and all other writings, typing, printings, drafts and/or mechanical and/or photographic reproductions or recordation thereof in your possession, custody or control, or in the possession, custody or control of any of your representatives, or known to any of the foregoing, whether or not prepared by them. ‘Document’ or ‘Documents’ also includes all copies which are not identical with the originals, such as bearing marginal comments, alterations, notes or other notations not present on the original document as originally written, typed or otherwise prepared. 7. The term ‘relate(s) to’ and ‘relating to’ shall mean to refer to, reflect, pertain, describe, evidence, mention, result from, or in any manner be connected or involved with the matter discussed. 8. ‘Person’ shall mean any natural person, proprietorship, corporation, firm, partnership, joint venture, association, business, trust, governmental body or quasi-public entity, regulatory authority, or any agency or subdivision thereof. 9. ‘Identification’ or ‘identity’ or ‘describe’ shall mean to state all of the following information: a. Nature of item or document; b. Date thereof; c. Name, address, position, and business affiliation of all writers, authors and signers; d. Name, address and position of person responsible for preparing or having prepared, if different then the person identified in © above; e. Parties thereto, including persons whom copies are mailed, delivered or circulate; Name, address, position or business affiliation of addressee and recipients. f. Title, heading or subject matter; g. Present location and custodian of the original and all copies (if original unavailable, the most legible explaining of what happened to the original) by room, building, address, city, and state and the indemnification of its custodian; h. Whether it is claimed that such document was, but is no longer, in your control or possession and, if so, what disposition was made thereof. 10. ‘And’ as well as ‘or’ shall be construed either disjunctively, conjunctively, as necessary bring within the scope of these requests any information which might otherwise be construed to be outside their scope. 11. When the context herein makes it appropriate, each singular word shall include its plural and each plural shall include its singular. 12. The term ‘concerns’ and ‘concerning’ shall mean to relate to, reflect, pertain, evidence, mention, or in any manner be connected or involved with the matter discussed. 13. The term ‘communication’ shall mean any transfer of information, by written, electric, oral or any other means. INSTRUCTIONS A. If any documents are withheld from production under a claim of privilege or other exemption from discovery, state the title and nature of the documents and furnish a list signed by the attorney of record, giving the following information with respect to each document withheld: a. The name and title of sender and the name and title of recipient; b. The date of the documents origination; c. The name of each person or persons (other than the stenographic or clerical assistants) participating in the preparation of the document. d. The name and position, if any, of each person to whom the contents of the documents have heretofore been communicated by copy, exhibition, reading or substantial summarization; e. A statement of the specific basis upon which privilege is claimed and whether or not the subject matter of the content of the document is limited to legal advice or information provided for the purpose of securing legal advice; f. The particular request to which the document is in response; g. The identity and position, if any, of the person or persons supplying the attorney signing the list with the information requested in subparagraphs (a) through (f) above. B. If Plaintiff is aware of the existence of any documents requested herein which have been lost or destroyed, or otherwise have ceased to be subject to Plaintiffs custody and control, identify the documents by stating: a. The title and nature of each document; b. The date of its origination; c. Who prepared it; d. At whose direction it was prepared; e. The name and address of each person who received it; f. The present location of the document; g. The name and address of each of its present custodians; h. The circumstances surrounding its disposition; i. A statement of its contents C. This request shall be deemed continuing so as to require supplemental production of any additional responsive documents that are obtained between the time of initial production and the time of trial. D. With respect to each request herein to produce documents, Plaintiff, is required to identify and produce all documents (as defined herein above without limitation), which are known to Plaintiff or which can be located or discovered by reasonable diligent efforts, in Plaintiffs possession, custody or control, regardless of location, including without limitation, all such documents requested to be produced which are in files, possession, custody or control of Plaintiff’s attorneys, accountants, agents, consultants, representatives or employees. E. An electronic copy of these enclosed ‘Defendants Requests for Admissions, First set of interrogatories, and Defendants second request for Production of Documents’ will be provided to the email designated in the filing titled ‘PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS, AND REQUEST FOR PRODUCTION OF DOCUMENTS. ‘, Scumsucker @ JBandR.com a. If you wish to reply electronically use the email address @yahoo.com b. If documents are to be produced electronically all should be either in Adobe Acrobat (.pdf) format or Microsoft Word format (.doc) as provided in Civ. R. 34(, unless otherwise designated. c. Should you wish to reply via USPS please use the address: PO Box i. Only mail being delivered by courier or some other non- USPS entity (such as Fedex) will be delivered to the street address d. Emails to defendant will be immediately acknowledged and are not valid unless an acknowledgement is received by Plaintiff. F. Unless otherwise indicated, these document requests cover the last 50 years and include the current year. G. Any verb formed in the present shall also be taken in the past or future and vice versa H. Any noun formed in the singular, shall also be taken in the plural, and vice versa I. Any sentence or phrase formed in the disjunctive shall also be taken in the conjunctive, and vice versa J. ‘any’ shall encompass ‘each’ and ‘every’
  8. This system is completely stacked against the Pro Se Defendants! If we were to pull the crap that these bottom feeding scum suckers pulled we would be sanctioned, held in contempt, and lose our case in a summary judgement! I received the Plaintiff's (herein known as the Scumsucker) interrogs that were supossedly mailed on 6/14/12. The postmark from their Pitney Bowes mail machine was dated 7/6/2012 a full 8 days after the hearing was set because they never served me, but told the court they did. I answered them and sent them email to the address they provided. (more on this later) This morning I looked at the docket and the scumsucker requested a continuance on the hearing until the pre-trial. It doesn't bug me that they asked, I was going to inform the court today that I received and answered the interrogs and in order to keep things going request to cancel the hearing. What bugs me is we, the Pro Se's, need to arrange time off work or make specific plans to be at court on the dates we are directed to and they can just get things changed without any input from us. The docket entry is dated Thursday to move the hearing that is scheduled on Tuesday. If I were not watching the docket I would not have known on time. I will bet money I do not receive notice in the mail until Tuesday! (Oh, and Legal Eagle, dont respond with 'Then pay your credit card bills and don't get sued.' - Not today, not in the mood ) Oh well, this is the BS we have to put up with! What do you call 500 lawyers at the bottom of the ocean - NOT EVEN a good start!
  9. I have some clearification on the hearing. The hearing is due to my notice that I did not receive the interrog that the plaintiff claimed were served to me. I agree, this will be 5 minutes with the Judge saying fix this and serve him properly, OVER and OUT! My concerns now are over my discovery. as stated above I requested 16 documents and received only 1. As I see it I have a couple of options. Option A. - Send out my request for admissions identifying each of these documents and asking something to the effect of 'Admit you have no such documentation and if you do please provide' Option B. - Send them a second Request for Documents restating the initial request and tell them they did not answer properly Option C. - Wait until the trial and object when they try to introduce any document evidence that I requested Option D. - Bring up during pre-trial that what I didn't receive Finally Option E. - File a Motion in Limene(?) to preclude any documents that were requested but not received. The one thing that makes me crazy about this is finding any type of laws/rules/presidences that clearly states something to the effect of 'You were asked for it during discovery, you didn't provide it, you can't use it' The cover letter they sent me when replying to my RFPD said 'this was in response to my RFPD.' I know from reading on here that they should have included something for each line saying 'you cannot have #x because...' but they didn't. The other issue I have is that the pre-trial order contained an order that states the discovery must be completed before the pretrial. If I wait until the hearing date mentioned above to serve my interrogs I will not have 28 days before the pre-trial. So if the right answer is to serve my own interrogs/Request for admissions, do I do it now or wait until the hearing (above) and go past my 28 days. One thing just popped into my head is that if they serve me their interrogs at the hearing they will not be giving me 28 days prior to Pre-trial so my concerns about going past the pre-trial date may be moot.
  10. I think you misunderstood what has transpired. I sent discovery to them. I requested 16 distinct items. they replied with only one item (the 'account statement' they had attached as exhibit A) I then saw on the court docket where they had notified the court that they served me with interrogs. 7 days later I sent a letter to them and the court saying I have not received their questions. The court replied by scheduling a hearing regarding 'Notice of service not recieved' I think the hearing is to address their bad. What I am trying to ask is, Should I have interrogs ready at the hearing for personal delivery, asking for a denial that they have the other 15 items I requested? Or should I motion to have the items excluded since the original Pre-trial notice stated that discovery should be complete by pre-trial (8/2) If I have to give them 28 days for answering I will be way past the pre-trial. Or should I just wait until they try to introduce any other evidence at trial and object to it as they did not provide it during discovery? What do you think?
  11. Thanks for the quick reply. As I stated above, we have a hearing set in a couple of weeks on the plaintiff failing to send me their interrogs. Should I hold off until after that to send my request for admissions or just drive through? The judge here has been known, at least in a couple criminal cases I am aware of, to be a real hardnose. One person I know was put in jail for 5 days for not showing up for a criminal hearing in another county that the judge had no doubt he had never been served on. The judge gave him 5 days to think about not showing up for court. I don't want this to go the wrong way, I'm feeling the hearing will flush out that they never sent interrogs and therefore lied to the court when filing that they did. (maybe just wishful thinking on my part)
  12. Thank you, but here is my confusion. they did respond to my discovery. The cover letter that they provided when they sent the copy of 'exhibit A' to me said that this was in response to my Request for Production of Documentation. They did not object to or provide anything else. I itemized 16 items that I asked them for. The provided only one (item 3 'itemized statement'). I included the statement 'Copies of any and all documents Plaintiff intends to present at a hearing on this matter' in my request and that was all I received. being that the 'idea' behind discovery is to prevent trial by Ambush, I would think that they could not "come up" with any other documentation at time of trial. However, I cannot find in the Ohio Rules of Civil Procedure or the Ohio rules of evidence, anything that states what happens when documents aren't provided during discovery that have been requested. I understand I can motion to Compel discovery or motion for meet and confer, But I think that would be doing the Plaintiffs job for them. If I asked for it and it wasn't provided, how can they use it. Does anyone have any case law from ohio that relects this circumstance or any direct references?
  13. Well, I have kept my head straight and have been continuing to learn all I can before going forward. I am currently looking for the procedures required in ohio for precluding all of the documentation requested that has not been delivered. I thought I had until the first week in August to work on this but a slight bump has occurred... I have been keeping an eye on the court docket. I just figure it's good to know what is going on with the case as far as the court is concerned. I can see when the case was filed, when I received notice. I see an entry for my answer and an entry for a ProSe pre-trial the first week of august. When I sent my Request for documentation I copied the court and it appeared on the docket. Then I see a NOTICE OF SERVICE OF PLTFS FIRST SET OF INTERROGS ETC TO DFT on 6.19 So I keep watching the mail and look forward to receiving these so I can respond in kind if needed. (using their format). Now comes 6.26 and I still have not seen anything from the Plaintiff. So I draft a letter stating basically that I have received no communication except the original summons and the answer to my Request for documents. I also state that since we have already had an issue with the USPS, i respectfully requested all communication from the plaintiff be delivered either CRRR or some other gaurenteed method of delivery. With a cc to the clerk of courts. Today I see that the court has received "FROM DEF, NOTICE OF SERVICE, NOT RECIEVED" I haven't received official notice yet but It also states a hearing has been scheduled for 7.17 So, my question(s). 1.How do I find the procedures for motioning to preclude any of the documentation not delivered from the request for documents. I have read the court rules and Ohios rules of evidence and cannot find it. 2. The pre-trial notice said discovery must be complete by pre-trial date. Do you think it will have to be done now before the hearing ?
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