Motion for more Definite Statement Defined by Asset, what now?

[kikimcgruder]

In a nut shell I had a GA hearing because I didn't answer the original complaint. Magistrate granted me 14 to do so. I filed a Motion for more definite statement in lieu of an answer. Original complaint had NOTHING attached (just the complaint)

judge said "Plaintiff is given leave until 4/26/13 to file response to defendants motion."

 

It reads as follows:

Now comes Plaintiff, xxxx and hereby responds to defendants motion for MDS and asks the is Court to deny  Defendant's motion for reasons set forth below.

 

I. Facts

Complaint is this matter was filed to recover a balance which arose from Defendant's alleged use of a xxxxxx credit card account. Service was perfected and defendant has filed a Motion for MDS pusuant to OHio Civil Rule 12(E)

 

II. Defendants motion for MDS is imporpper.

 

Civil rule 12 (E) states:

 If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a DS before interposing a responsive pleading.

 

defendant has posed such a motion to the court. However, there is nothing in Plaintiff's Complaint that is so vague as to prevent XXXX from answering. To the contrary, it is clear from reading the complaint that plaintiff alleges defendent applied for a xxxx c.c. and xxxx failed to pay the balance due, that the debt was asssigned to Plaintiff for collections and that therefore defendant owes a sum of money to plaintiff. none of the foregoing allegations are so unclear that defendant could not possilby respond. Therefore xxx Motion for MDS is denied.

III. 

Defendant argues Plaintiff's complaint must inclued a comp of the contract and a running balance of his account.( I'm a her and they us "her and him" interchangably throughout) The Complaint included Defendant's name (true) and account number. (14 digits) attached to the complaint is and affidavid of the account and copies of statements in the Defendant's name. (not true) 

 

In the case of blah blah blah the 11th district court of appeals found that the document attached to the pleading was adequate to put defendant on notice and to allow defendant to file a proper responsive pleading. The court focuses on the fact that the plaintiff established a "provable sum" Similarly, the  4th appellate district has stated that a pleading stae in an acion on an account, the beginning balance must be a provable sum, not a proven sum. 

 

Defendant has notice of the claim herein and anple opportunity to form an answer. For the forgoing reasons. Plaintiff respectfully request that this honorable court deny defendants motion for DS.

Respectuflly submitted,

blah blah blah

attorney's for plaintiff

 

the Magistrate even told the lawyer in court he would have to at least provide a credit card statement. Yet there is nothing from the original creditor, or even an affidavit form the JD. How should I proceed? They got nothin' it would seem to me.

Any advise appreciated....

 

 

[racecar]

Motion for Judgment on the Pleadings

[kikimcgruder]

I spent months lurking on this site....and I wish I could spread the info. to everyone I know. It is truely a shame that just showing up in court and doing a little homework, is better then letting the jdb's win!!!! Thanks for the idea racecar!