Philly

Being sued by Midland in OH

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To all -

 

As mentioned in post #50, I just received a notice of service of Discovery Requests that includes a set of Interrogatories, request for admissions, and request for production of docs from their lawyer today.

 

Is it possible to skirt around or file an affidavit with a general denial to counter their discovery, And then send them a request for docs? Or can I send them the request before responding to their service of discovery questions? Most of those questions are simply asking for an admission or for information they already introduced in the summons or settlement letter they sent me after filing.

 

Either way, I have to respond Jan 1, so need info asap if you don't mind.

 

Thanks guys

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You can't skirt their discovery requests, but that doesn't preclude sending your own. Get yours off ASAP and then get to work answering theirs. 

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To all -

 

As mentioned in post #50, I just received a notice of service of Discovery Requests that includes a set of Interrogatories, request for admissions, and request for production of docs from their lawyer today.

 

Is it possible to skirt around or file an affidavit with a general denial to counter their discovery, And then send them a request for docs? Or can I send them the request before responding to their service of discovery questions? Most of those questions are simply asking for an admission or for information they already introduced in the summons or settlement letter they send me after filing.

 

Either way, I have to respond Jan 1, so need info asap if you don't mind.

 

Thanks guys

 

Philly,

 

You must have really confused the court with your Motion for More Definate Statement.

 

 

Ohio Rules of Civil Procedure

12(E)
Motion for definite statement.
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 definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within fourteen days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

 

 
Based on this, you would not respond to discovery until the motion is decided.  If you have not answered the claim, then the timeline for discovery does not begin.
 
I would respond with a blanket objection to all and any discovery request until such time the court has decided on the Motion for More Definite  Statement (MMDS).  Based upon your Local Rule 5, I would file a copy of the objection with the court.
I fear that since the clerk has never seen one before, the hearing schedule is out of wack with the normal timeline for a motion of this nature.  The other dates will need to be moved to accomidate discovery and other motions if the MMDS is denied.
 
I close with what I said before, since this motion seems to have taken the clerk by suprise, you may have to educate the court on why the timelines do not apply until this motion is decided.
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@ lheart -

 

 

Philly,

 

You must have really confused the court with your Motion for More Definate Statement.

 

 
Based on this, you would not respond to discovery until the motion is decided.  If you have not answered the claim, then the timeline for discovery does not begin.
 
I would respond with a blanket objection to all and any discovery request until such time the court has decided on the Motion for More Definite  Statement (MMDS).  Based upon your Local Rule 5, I would file a copy of the objection with the court.
I fear that since the clerk has never seen one before, the hearing schedule is out of wack with the normal timeline for a motion of this nature.  The other dates will need to be moved to accomidate discovery and other motions if the MMDS is denied.
 
I close with what I said before, since this motion seems to have taken the clerk by suprise, you may have to educate the court on why the timelines do not apply until this motion is decided.

 

 

I did confuse the clerk. She mentioned to me that she's never seen a motion like this before, and that most people simply file their answer to the summons. After she told me that I told her what the motion was for, and that it needed to be ruled on before anything else gets done regarding the case. Then the clerk told me that it won't be done today, so I mentioned that I didn't expect the judge to make a ruling that quickly. She then told me to call the office in a few days, but I found the case information on the court's site within a couple of days.

 

Yes, I agree that the OROCP 12(E) states as such. I added the ruling in the MMDS, and showed the clerk while I was there after she told me that she's never heard of it. Agreed on the rest of your statement about the timeline.

 

Ok great, and I will file an objection. So, do I send a signed and notarized copy of the objection to their lawyer and the court? Also, should I add the information on why the timelines do not apply until this motion is decided in that objection?

 

I'm so glad that I'm not the only one seeing that their calendar and/or timeline is confusing or messed up. The thing is, is that I'm fairly new at these things, and wasn't sure of myself - hence getting facts and opinions in here.

 

 

@ Spikey -

 

You can't skirt their discovery requests, but that doesn't preclude sending your own. Get yours off ASAP and then get to work answering theirs.

 

I appreciate your response, but I think I'm going to go with lheart's response because it makes more sense to me.

 

 

Thanks both of you for your help and advice. I appreciate it more than you know!!

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Based on my best guess reading your local rules, I would file it the same way you file any other motions or responses.  I have not used a notary for motions or responses in my cases, because I do not believe they are necessary. But I would definitely serve a copy to the attorney and include a Certificate of Service with the filing.

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@ Spikey -

 

 

I appreciate your response, but I think I'm going to go with lheart's response because it makes more sense to me.

 

 

Thanks both of you for your help and advice. I appreciate it more than you know!!

 

I didn't know you were waiting on a motion for more definitive statement. Sorry about that. You don't want to do anything until that motion is ruled on.

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Based on my best guess reading your local rules, I would file it the same way you file any other motions or responses.  I have not used a notary for motions or responses in my cases, because I do not believe they are necessary. But I would definitely serve a copy to the attorney and include a Certificate of Service with the filing.

 

Okay. I mentioned having it notarized because I wasn't sure what category "Objections" fall under. I didn't have the MMDS notarized either so ... 

 

Ok, can I ask you another quick question? - Is the format for an objection the same as making a motion? It doesn't say much on that subject in the local rules, so I have to assume it is. Do you know, have an example doc or know where to get one? I did a search and didn't find but 1 that looked very generic.

 

I'll type one out and attach in a post here probably by tomorrow eve or Wed. Please take look at it if you don't mind. Thanks.

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philly you got mail

 

Anything that will help the board.  Another poster Ohio39 is in a similar situation.

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Anything that will help the board. Another poster Ohio39 is in a similar situation.

Not really. All he did was send me a set of interrogs, RPD and admissions, tell me to make the necessary changes and to send off 2 copies. These are all listed in his posts.

Sry wasn't trying to leave anyone out!

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Back to the case all - I was at the courthouse today talking to one of the clerks about filing the service of discovery request, when that initial clerk that I spoke to the 1st took over the conversation. To my surprise she remembered who I was and was very much on top of the case. She was the one I surprised when submitting the more definite statement. Anyway, she clarified a lot for me today, telling me that that MMDS was filed as my answer to the summons, and that the Judge does not have to rule on that motion. A NOH will continue for the entire case, and if the Judge doesn't decide the case, then it's off to trial. it's become a paper war.

 

There was no point in waiting for the Judge to rule before doing anything after what the clerk told me above. In fact, waiting put me behind a little. I should have realized this when I received the last set of docs after the letter to settle.

 

@ lheart - if you're around, there was no educating them. Unfortunately that court basically has their own rules and ways of doing things that don't seem to coincide with OH rules. I tried.   ;-)

 

What I'm wondering now is if I have enough evidence to motion for dismissal because they didn't send anything beyond what they had in the summons except for the sales receipt or wait to see if their lawyer asks for a voluntary dismissal after receiving  my discovery questions. I plan to respond to their discovery. That won't take me too long to do it so ... 

 

I'll keep you posted.

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If anyone is in need of another good interrogatives thread here's 1 I found a min ago:  

http://www.creditinfocenter.com/community/topic/322427-my-interrogatories-feedback-por-favor/?hl=racecar#entry1276012

 

 

This post here from this thread is very good too:  

http://www.creditinfocenter.com/community/topic/322430-trial-in-texas-vs-midland-12-10-2013/?hl=racecar#entry1276125

 

 

shellieh98, on 09 Dec 2013 - 11:39 PM, said:
 Best case senerio if you have to do trial, object to their evidence as hearsay. If they produce a bill of sale, state your name is not referenced on the bill of sale, if they don't produce one, state they lack standing to sue. If they produce statements, object to them saying they are hearsay, there is no one to testify to the authenticity of the records by a person with personal knowledge from the original creditor, or midland if they don't bring a witness. If they have an affidavit that attests to the records, and if it is from anyone other than the original creditor, object to it, they cannot testify to the accuracy of the account, they cannot authenticate the business records of another business, they have no personal knowledge of the account because they are not the originators of the account. If you can help it, don't admit the account is yours, but if you do admit it, you say something like " well I had an account with original creditor once, but I know this balance is way more than I owed" so they would need to prove the amount. If they don't have the governing contract of the account, you would state so, etc. anything they try to introduce as evidence, you refute using the methods above. If they try to bring anything to court they have not sent you prior, object to it stating you are prejudiced as plaintiff didn't send you any of those records. About the best you can do at this late date.

 
 

 

 
 

 

 

 

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Back to the case all - I was at the courthouse today talking to one of the clerks about filing the service of discovery request, when that initial clerk that I spoke to the 1st took over the conversation. To my surprise she remembered who I was and was very much on top of the case. She was the one I surprised when submitting the more definite statement. Anyway, she clarified a lot for me today, telling me that that MMDS was filed as my answer to the summons, and that the Judge does not have to rule on that motion. A NOH will continue for the entire case, and if the Judge doesn't decide the case, then it's off to trial. it's become a paper war.

 

There was no point in waiting for the Judge to rule before doing anything after what the clerk told me above. In fact, waiting put me behind a little. I should have realized this when I received the last set of docs after the letter to settle.

 

@ lheart - if you're around, there was no educating them. Unfortunately that court basically has their own rules and ways of doing things that don't seem to coincide with OH rules. I tried.   ;-)

 

What I'm wondering now is if I have enough evidence to motion for dismissal because they didn't send anything beyond what they had in the summons except for the sales receipt or wait to see if their lawyer asks for a voluntary dismissal after receiving  my discovery questions. I plan to respond to their discovery. That won't take me too long to do it so ... 

 

I'll keep you posted.

 

I would argue the court cannot supersede state procedures, but it doesn't sound like this will get you very far.

 

File an amended answer.  Include a motion for leave of the court to file an amended answer. Explain that controlling case law normally requires a ruling on a motion for more definite statement, and include some examples. Continue that since the court decided that was the defendants answer, it would prejudice you to not have the ability to answer the claims directly.  Include the Defendant's Amended Answer and start working on the discovery.

 

Your court is not playing by the rules and will likely get away with it.  What has happened is likely appealable, but that requires another level of litigation to file an appeal, so it will just be best to adjust at this point.

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I can't seem to post quotes at this time. Is anyone else having this problem?

 

@ Iheart I couldn't do much in that message (not even copy and paste from notepad) so am attaching here. Please check thanks.

 

 

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For number two change the verbiage to "Admit in part, deny in part,....."

 

As far as the affirmative defenses, those are not.  http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

See rule 8C for what are accepted affirmative defenses in Ohio.

 

What you have listed are defenses for trial.

 

Keep learning and working, you are doing better than most at this stage of the game.  xasiansmilex

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After the wherefore part, you talk about Plaintiff lacking standing. You can definitely move that to under your Affirmative Defenses section.

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Hey folks can you guys check this motion to leave to amend answers. I need to run it down to the court house as soon as possible. It's attached. Thanks.

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sorry to bug everyone, but please check the attached final drafts of the Motion to Leave and the amended answers (particularly the affirmative defenses). Also, do I need to take out that part asking for a dismissal at the end of the amended answers?

 

Thank you for your help.

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Usually there's no prayer for relief at the end of an answer at least from the ones I've seen.

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Your motion looks good. Be careful with using standing as a defense as you really don't know what documentation they have yet. 

 

Are you allowed to bring up new defenses as the case progresses, or is it use it in the answer or lose the right to assert it later?

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