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Disability & request for Interrogatories


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Dh is being sued by Nid-lend, answered within timeframe, requested production of documents and was sent standard package of crap. Debt is within SOL for OH.

Dh is disabled from neurological degenerative condition which is terminal.

Meanwhile dh's condition has worsened and Dr's say early dimentia has started. He is on a boatload of medications, problems getting around and cognative/memory loss issues. His only income is disability (ssdi & ltd). Assets all upside down.

Got a request for 1st set of Interrogatories, Production of Docs and Admissions. Must be notorized. 28 days to answer.

Should I fire off a letter to settle? If so any wording suggestions? Is it too late?

Meanwhile can we ask for extension of time for interrogatories if plaintiff drags their feet on settlement?

What happens if he's too ill to make it to court date? (no date set yet).

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You have established that DH is very ill and cannot take care of himself. Furthermore his income is doled out via federal and state sources and so he is execution proof should they get a judgment. Head this off at the pass by writing letters and sending them CMRR to a few people:

1.DH's bank explaining that his account consists of monies only from state and federal sources and are exempt from levy.

2.The Plaintiff attorneys who have contacted DH need to know of his condition and that the money is uncollectible. Ask them to withdraw the lawsuit and also explain his income sources are untouchable.

3.Include this letter along with an answer to the court. Use the Answer form PLD-C-010 and attach the letter that you sent to the bank and Plaintiff attorneys to the answer.

4. DH doesn't owe these creditors a DIME! Don't feel guilted into settling with slimeballs who could care less that he's ill and terminal. Karma has absolved him of this debt. This should be obvious!

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Guest usctrojanalum

If everything you say in your OP is true, there really is no point in even defending the lawsuit tbh. Either way you are likely to end up with the same outcome - your DH should not and will not pay anything.

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Thanks everyone. Going to send the letters. I wish there was something I could file saying he is unable to attend court hearings.

Will answer the depo and will refer to the paperwork they ignored in my request for documents. The very 1st question asks for the person completing the form to state name and so on. Should I put my name since I'm doing it for him?

Meanwhile I have sent papers to be his representative payee for SSDI. Needed to be done regardless.

I know I'm fighting my own depression over the whole situation and it makes it hard to focus when I do have a free minute to deal with it.

Even though he's judgement proof I'd rather not deal with a judgement and having to fight it if they manage to freeze his account anyway. Errors happen all the time and the way my luck is going lately......one headache too many.

Any other suggestions, please let me know. Thanks all.

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Guest chuckygee

Read the Ohio Rules of Civil Procedure: http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Search for the term competent in adobe reader. It looks like you may be able to represent him in court, or have a guardian ad litem appointed by the court. I am not sure what the other legal ramifications of a guardian ad litem, but I would consult an attorney just for this issue.

The first thing I would do is following the ORCP file a notice of incompetency with the court and find out where it goes from there. They may just go away because of the difficulty of collection.

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Thanks Chuckygee. I've read the ORCP and have notes to research.

I want to avoid the guardian ad litem route. Our local courts use it as a way to "help" struggling lawyers. It's expensive ($800.00) for the initial and hourly after that. A complete waste of time and pain in the butt.

Based on the questions on the deposition I think they are trying to join me into the suit. (List all authorized users, was the card used by anyone without your consent, relationshiop to authorized users and so on).

I guess an option is to request I be appointed his legal guardian but going to have to read up on that and I'm sure it will take time and $$.

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Guest chuckygee

Try with just a notice to the court about his capacity. I would file it like a motion. The court will likely be lenient, since you are a pro se, so I wouldn't stress too much over the structure. Send a copy to the plaintiffs attorney, just like a motion. See where it goes from there. They may drop the suit, or the judge may intervene.

I would try the things that don't cost first, since it sounds like your husband is judgement proof.

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