Tsandy7 Posted March 4, 2005 Report Share Posted March 4, 2005 well, we finally went to court, the case is going back to the original judge, as a little refresher, the orginal the judge did not agree with the paintiff attorney and the attorney dismissed the case, then turned aroung and sue my neice again for the same thing.well we end up with a different judge, but when i put a bug in his ear about the previous case and i gave the new judge the old case number. This new judge is having the court to send the case back to the orginal judge that the plaintiff (Cavalry) went around hoping to get a different judge. How do I handle this one, The court has to schedule a new court date for us with the original judge. Should I do some discovery while waiting ?WE HAVE DONE EVERYTHING THAT WE WERE SUPPOSE TO, THE DV ECT..FILED COUNTER CLAIM AND WE STILL HAVE NOT HEARD A WORD FROM THE OPPOSING SIDES ATTORNEY. CAN SOMEONE TELL ME WHAT IS GOING ON HERE? Link to comment Share on other sites More sharing options...
KentWA Posted March 4, 2005 Report Share Posted March 4, 2005 Have you requested discovery? Sent interogatories, counter claims, etc? If you have and they have not respond, file a motion to compel. If you have not, why not. Never expect to wait and ask your questions and argue your points in the court room, always file LOTS and LOTS of paper to make this guy work his tail off. File a motion for sanctions and dismissal for abusive litigation on this turd! Link to comment Share on other sites More sharing options...
admin Posted March 4, 2005 Report Share Posted March 4, 2005 T- They are just messing with you, hoping you will roll over and say "OK". But you're not. And Congrats. Listen to Kent, he is the experienced Washington person around here. Now is your chance for filing a great request for discovery, production of documents, etc.Kristy Link to comment Share on other sites More sharing options...
calawyer Posted March 5, 2005 Report Share Posted March 5, 2005 This is not good news for them. I wonder whether they will want to appear before the judge who once sent them packing. Link to comment Share on other sites More sharing options...
Tsandy7 Posted March 8, 2005 Author Report Share Posted March 8, 2005 Thank you for the responses, I have not done the discovery, but I will this evening, I will file my motions . It is just I am new at this and did not know all the procedures,. But I am learning.Thanks again. Now on to my next step. Link to comment Share on other sites More sharing options...
KentWA Posted March 8, 2005 Report Share Posted March 8, 2005 Something just occured to me, have you filed counter claims? If you have counter claims, even if they try the old dissmiss without prejudece bit, the counter claims keep the case alive and you can have your day with the judge and have him rack them over the coals. This will then put an end to there high jinks. Link to comment Share on other sites More sharing options...
gdouglaslee Posted March 8, 2005 Report Share Posted March 8, 2005 10(D)If you are in court in Ohio and you don't know what that is then you have no business engaging in discovery. Link to comment Share on other sites More sharing options...
Leadhead Posted March 8, 2005 Report Share Posted March 8, 2005 10(D)If you are in court in Ohio and you don't know what that is then you have no business engaging in discovery.g,I've noticed that lately you've been snippy in your comments. You used to be more helpful...what gives? Link to comment Share on other sites More sharing options...
gdouglaslee Posted March 8, 2005 Report Share Posted March 8, 2005 Getting sued twice for the same debt? Are you kidding? They should have sued as soon as it was dismissed the first time.That ain't the issue. You can't do discovery unless you've taken at least 3 minutes to read the rules of civil procedure (or 5 minutes if you are a slow reader). It's reckless and irresponsible to suggest to someone to send out discovery requests when it is so obvious the postor hasn't a clue and hasn't read the rules, and we know they haven't because before they even filed an answer they should have filed a motion to dismiss under 10(D). Sending discovery without first reading the rules of civil procedure is like getting on your knees before the court and begging to be sanctioned and taxed for costs, not to mention that the judge is now cranky and will do anything to dump the case including handing you your very own judgment. Wanna know why? Sending 20 interrogatories just might violate your state's rules of civil procedure. Yeah, you get some leeway, but not where the rules are concerned. It's the pro se's responsibility. Everybody that posts here ought to have already down-loaded a copy of their rules, or at least the rules covering defenses, dimissals, discovery and summary judgments. The rules keep you from looking like a stupid idiot who copied some crap off of the internet, you know, "Plaintiff's complaint fails to state a cause of action for which relief can be granted," when the reality is your state's rules expressly fordid the use of that defesnse and guess what? Many states forbid it. Anyone doing credit repair is at risk to being sued, heck, just looking at your reports places you at risk. The smart people are the ones who read and ask questions. Link to comment Share on other sites More sharing options...
admin Posted March 8, 2005 Report Share Posted March 8, 2005 Hey gdouglas, Easy baby. not everyone is as knowledgeable as you and we all make mistakes. Others are very intimidated by the process. Tsandy should be applauded for making the effort. Thanks for the info, though. Link to comment Share on other sites More sharing options...
Tsandy7 Posted March 11, 2005 Author Report Share Posted March 11, 2005 I have held these ---holes off since july. for you information I am learning as I go and have gotten halfway decent at this. and besides I have been posting notes on this board almost a year and have never seen one response from you. as far as i am concerned admin, chase and everyone else has been very helpful. at this point I could do without your help.and furthermore with your negative personna, i do not wish you to respond to anything i post.I have counterclaimed and read the ohio rules of civil procedures. This site has given me a great support. creditinfocenter has been a godsend. I am doing quite well with my neice's case. I am sure there are others who come to this site that doesn't know a lot about the law but learn at least to defend themselves. If i had known what I know now I would not have gotten a judgement againt me years ago. SO AS FAR AS I AM CONCERN"G" KEEP YOUR OPINONS AND SO CALLED LAW KNOWLEGE TO YOURSELFI HAVE BEEN DOING JUST GREAT WITH EVERYONE ELSE.THANK YOUTSANDY7 Link to comment Share on other sites More sharing options...
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