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Midland and Me in Ohio


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Ok, so I'm just gonna start a thread to ask my questions specifically about this suit. That way I'm not clogging up the board with a new thread each time I have a new question, because I am sure that I will have many. I greatly appreciate all of the help provided here, and I'm amazed at the good hearted people who are offering sound advice and spending so much of their valuable time in doing so.

I received the request for discovery today. I have 28 days to reply. I'm a bit confused about the way they formatted things, which is probably their intent.

REQUEST FOR ADMISSION NO. 1:

Admit that you opened an account with OC, assignor of JDB for an extension of credit.

ANSWER:

INTERROGATORY NO. 2:

If you deny the above, state the reason for your denial.

ANSWER:

REQUEST FOR ADMISSION NO 2:

Admit that you received an extension of credit, which you opened by signing an Acceptance Certificate

ANSWER

INTERROGATORY NO. 4

If you deny the above, state the reason for your denial

Ohio rule 36 (A)(2) pertaining to answering admissions states: "The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission..."

Finally my question: Does this mean that they are requiring me to provide an explanation of my denials twice if I intend to follow the rules of civil procedure?

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Same suit, but what was in the original suit and answer was this:

1. Defendant was/were cardholder of credit card account number xxxx, originally owed by defendant to HSBC., the card issuer on said acount who extended credit to defendant.

That one I Denied

2. Defendant used the credit card at various times, and thereby requested loans, advances, and/or payments of money for the use and benefit of the defendant.

That one I admitted due to what can only be described as a brain fart. :? But what I was really thinking that I was admitting that at one point in my life that I had a credit card and that I used it. But I denied that it was the HSBC card listed in the suit.

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So I keep reading on here and see people talking about objecting to "The Affidavit". I do not see an Affidavit that was included with the original summons. What I do have attached to the original complaint is "Notice of Attitional Obligation Information".

The original summons (which I already answered) said

"7. The account records are not attached hereto becaue, upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody or control of said records; (B) copies were sent monthly to the defendant, and are or were in the defendant's possession, custody or control; © said account records may be voluminous. Additional information concerning this obligation is set forth in the attached notice."

The attached notice is then a breakdown of my name and address, the alleged credit card account number, amount due at time of default or charge-off, Statute of Limitations, Name of current owner of debt, and total amount currently owed broken down into principal and interest.

Is this the affidavit and can I still file a motion to have it thrown out? I do intend to eventually settle, but I figure the more fight I put up between now and when I have the money, the better settlement I will receive (hopefully).

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Is this the same case in which you admitted you had an HSBC credit card? If so, did they provide the correct HSBC account number on the Complaint, affidavit, or any evidence?

They masked the entire account number with the exception of the last 4 digits.

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There might be a problem with the admissions considering you admitted to using the card, unless you would contend you were merely an authorized user. But since you denied that you were the cardholder, maybe there's not a problem.

Since you denied having the card, I'd answer Adm. #1:

Denied. Defendant has denied he was the cardholder of the alleged HSBC account.

Interog #2:

Defendant has denied he was the cardholder of the alleged HSBC account.

Adm. #2:

Denied. Defendant does not recall signing such a document.

Interog #4:

Defendant does not recall signing the document referred to in the above admission.

I'm not an attorney, so in order to be safe rather than sorry, I'd provide an explanation with the admissions, as well. Perhaps someone from your state will know if that's necessary or not.

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Thanks for the info.

Another random question... Can we start discovery without ever having had a pretrial meeting? As of yet I have not seen/spoken with anyone about this case other than the clerk when I filed my answer.

I wish I knew the answer to that. I'm not familiar with your court's rules. Check your Rules of Civil Procedure regarding discovery. Hopefully, the answer is there.

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I've read through all of the rules concerning discovery and can't find anything other than I have to answer within 28 days. There has been no dates set at all. The Rules do say that there is no specific order in which discovery needs to be done. I'm wondering if they didn't jump the gun a bit, though.

Would it be a good idea to call the Clerk on Monday and see if there is any type of pretrial something scheduled that someone forgot to notify me about?

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I've read through all of the rules concerning discovery and can't find anything other than I have to answer within 28 days. There has been no dates set at all. The Rules do say that there is no specific order in which discovery needs to be done. I'm wondering if they didn't jump the gun a bit, though.

Would it be a good idea to call the Clerk on Monday and see if there is any type of pretrial something scheduled that someone forgot to notify me about?

I'd contact the clerk to make sure nothing has been scheduled, but since they've already sent discovery requests, I'd send mine.

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