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Motion for more definite statement granted I think?? Ohio


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Ok a little background. I was served properly by JBD (portfolio) last week on November 4, I have 28 days to answer. Debt was allegedly a Walmart account under 900.00 after alot of research here I decided to file a motion for a more definite statement. Today it says: for good cause shown this action is continued and then it goes on to give a hearing date that is ten days from today and it says its for report.

My question is what is the hearing about? I haven't filed a answer yet, should I file my answer before hearing? Did I win the motion? Do they have to provide a more definite statement?

I don't know how or what to prepare for this hearing?! Any help welcome. I am in Ohio

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What I would do is go to the court and talk to the clerk.  Ask them your questions, and hope they can/will answer.

 

If they can't or won't give you the answers you need. I would attend the hearing, and have your answer (just deny enverything except your name and address) ready to file at the hearing if necessary.

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Ok thank you very much for your replies... I will have my answer typed and ready to go and also a dismissal ready just in case. Also when I look up case it now has a document attached to the entry "for good cause shown" so I will get that and see what it says.

Thanks again... I am excited to come this far for a hearing... I'm so nervous!! It's all so scary! But I want to win!!

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Ok I found out what it was.... It says I did not demonstrate in the document that I executed a Certificate of Service to plaintiff as required by the ohio rules of civil procedure.  Says defendant has 10 days from the date of the order to amend Motion to attach a certificate of service or the court shall dismiss.  I dont know what to do now.  I only sent the motion to portfolio and NOT the attorney because the clerk said they would send it to everyone who needed a copy.  I have no Ideal how to amend a motion. Do I write it again or do I just attach a cert of service to say I sent it to portfolio?  I am lost now

 

 

I am thinking I should just drop the motion for definite statement and answer before I run out of time.  I am truly worried now that I am ruining my own case uggghh

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A bill of particulars is what you want, motion for a more definite statement is normally addressed to the court to ask a judge to define his decision in more detail.

A bill of particulars is a tolling event, it stops the prceeding until the Plaintiff described their case in writing.

Ohio.gov

State v. Brown, 98 Ohio St. 3d 121, 2002, Ohio 7040 -- Syllabus; "A demand for discovery or a bill of particulars is a tolling event pursuant to R.C. 2945.72(E)."

State v. Brown (1993), 90 Ohio App. 3d 674, 681-683 -- (1) Bills of particulars are not limited to felony cases.

State v. Lewis (1993), 85 Ohio App. 3d 29, 32 -- A bill of particulars cannot cure a defect

 

A Bill of Particulars is a written statement outlining the reasons a plaintiff filed a lawsuit against a defendant. It is a very detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information.

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Ok I found out what it was.... It says I did not demonstrate in the document that I executed a Certificate of Service to plaintiff as required by the ohio rules of civil procedure.  Says defendant has 10 days from the date of the order to amend Motion to attach a certificate of service or the court shall dismiss.  I dont know what to do now.  I only sent the motion to portfolio and NOT the attorney because the clerk said they would send it to everyone who needed a copy.  I have no Ideal how to amend a motion. Do I write it again or do I just attach a cert of service to say I sent it to portfolio?  I am lost now

 

 

I am thinking I should just drop the motion for definite statement and answer before I run out of time.  I am truly worried now that I am ruining my own case uggghh

Its call defendant first amended motion;

 

Comes now the defendant(name) and files this amended motion upon the courts as requested, I state, under the penalties of perjury that the following is true and accurate.

1) When the defendant first filed his/her motion for a more definitive statement, he/she was actually referring to a bill of particulars. The defendant is not an attorney and is doing research to learn the court procedures. It is well established fact that a court is to hold a pro per or pro se litigant to less stringent standards than a licensed attorney. see Haines v. Kerner, 404 U.S. 520 (1971) Court found that pro se pleadings should be held to "less stringent standards" than those drafted by attorneys. The defendant apologizes to the court for this discrepancy.  The defendant is doing as much research as possible to learn what he/she needs to know.

2) At this time the defendant would amend the original motion for a more definitive statement to actually be defendants Motion for a BILL of PARTICULARS.

3) Under Ohio rules of trial procedure the defendant has the right to ask for a bill of particulars, see State v. Brown, 98 Ohio St. 3d 121, 2002, Ohio 7040 -- Syllabus; "A demand for discovery or a bill of particulars is a tolling event pursuant to R.C. 2945.72(E)" State v. Brown (1993), 90 Ohio App. 3d 674, 681-683 -- (1) Bills of particulars are not limited to felony cases.

4) This motion will be served upon the plaintiffs attorney and defendant will file an affidavit of service of process with the court as Ohio rules of trial procedure indicate.

 

being heard in this honorable court and adjudicated, the court orders on this ____day of _____________, 20__, that the defendants motion for a Bill of Particulars is

___Granted

___Denied

by his/her honorable judge_______________________, in the county of _______________, in and for the State of Ohio.

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Ok I found out what it was.... It says I did not demonstrate in the document that I executed a Certificate of Service to plaintiff as required by the ohio rules of civil procedure.  Says defendant has 10 days from the date of the order to amend Motion to attach a certificate of service or the court shall dismiss.  I dont know what to do now.  I only sent the motion to portfolio and NOT the attorney because the clerk said they would send it to everyone who needed a copy.  I have no Ideal how to amend a motion. Do I write it again or do I just attach a cert of service to say I sent it to portfolio?  I am lost now

 

 

I am thinking I should just drop the motion for definite statement and answer before I run out of time.  I am truly worried now that I am ruining my own case uggghh

 

A Motion for a More Definite Statement is sent in lieu of  or instead of an Answer. Many are denied; some aren't.  If denied, object to it, and it is something you can use on appeal.  I would think you would use your same Motion, but just add the required Certificate of Service and mail it to plaintiff's law firm

 

A sample Certificate of Service should be here.

 

If_sued-mtn_more_definte_statement ... - My Private Audio
privateaudio.homestead.com/if_sued-mtn_more_definte_statement-Debt...‎
  •  
 
15.1.1 Consumer Defendant's Motion For Definite Statement ... Procedure Defendant respectfully moves this Court for more definite statements because Plaintiff has failed to attach an ... Proctor, 156 Ohio App. 3d 60 (4th District 2004); Arthur v.
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A bill of particulars is what you want, motion for a more definite statement is normally addressed to the court to ask a judge to define his decision in more detail.

 

A Motion for More Definite statement IS the correct motion in Ohio.

 

All you need to do is refile the motion with a Certificate of Service.  I have attached a copy.  Do not file an answer yet. If you do, you will waive the More Definite Motion, which in your case sounds like it may be granted.

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Since the order said to amend the motion, you can file an Amended Motion for More Definite Statement.  Assuming the arguments were good the first time, you can just submit the same motion.  Make sure you serve a copy to the attorney of the plaintiff.

 

I served the copy before I filed the motion with the court just to make sure the statement was true.  It was five minutes before, I would drop the certified mail at the post office, and then file the motion with the court two blocks away.

 

DONT FILE THE ANSWER YET. You will wave the Rule 10 objection if you do.

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  • 2 weeks later...

I filed the motion for a more definite statement with a cert of service, I got a letter in the mail saying now I have a hearing on my motion.  My question is do I have to attend the hearing.  Is the written motion enough or do I have to present a oral arguement.  My work schedule will not allow me all this time off and I am hoping I do not have to attend the hearing.  Thanks in advance for a answer.

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Its your motion, if you do not attend they will deny it, and you may be in default.  ALWAYS attend hearings, and appearances.  Also in the future anything you send the plaintiff you do not send directly to the plaintiff, you send it to the attroney on record.  It is up to him to communicate with the plaintiff.

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Whether you need to attend or not is detmined by whether it is an In Person hearing, or a Non-Oral hearing.

A Non-Oral hearing is decided on the filings and there is no appearance by either party. In person is just what it sound like.

The notice from the court will indicate if it is a Non-Oral. It if is not, or it is not clear, plan to be there or lose the motion.

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Since you have no answer filed I would attend this hearing as a little show that you mean business. Also how would your job feel about you if you had a judgment and wage garnishment against you. Best course of action is to have an honest talk with your boss how these people are suing you, not my debt, and you may need to take ~3 or 4 days during the next year off for hearings. It worked for me, and my boss is considered an ahole but letting them know early helps just in case the judge wants a hearing or schedules arbitration, etc.

 

Hiding it from your boss usually doesn't work out well, and who knows maybe his mama is being sued also and he asks you about it and she wins, gonna work out for you.

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This is a motions hearing nothing else, it is not a trial. All the court is asking is for you to prove that you are entitled to a more definitive statement. You need your court rules on this and some case law from your state to support it. The best place to find the caase law you need is a library, you want to ask the librarian where there annotated courts rules are located, if you do not know how to use them ask the librarian, if she doen not know here is what you do.

 

Get the first book in the series, the index, you go to the section in the book for motion for more definitive statement and it will give you the holdings of your states courts decisions on the issue. Look for your same court or your State Supreme Court. Once you have those cases go to the other section of the law area for the court cases librarian can show you where they are. Look up those cases and read them, The reason you need to read them is in case the judge happens to question you about those cases you need to know what the case was about. If you cannot tell the judge anything about the case he will throw your case law and motion in the trash and dismiss it. 

 

Spend time at the library and educate your self,

Education is a progressive discovery of our ignorance. Will Durant (1885-1981)

 

Also remember that at a pre trial motions hearing the judge cannot determine that you are liable but the court can dismiss the case. All you are there for is to determine if your motion will be granted not to determine guilt or liability.

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This is a motions hearing nothing else, it is not a trial. All the court is asking is for you to prove that you are entitled to a more definitive statement. You need your court rules on this and some case law from your state to support it. The best place to find the caase law you need is a library, you want to ask the librarian where there annotated courts rules are located, if you do not know how to use them ask the librarian, if she doen not know here is what you do.

 

Get the first book in the series, the index, you go to the section in the book for motion for more definitive statement and it will give you the holdings of your states courts decisions on the issue. Look for your same court or your State Supreme Court. Once you have those cases go to the other section of the law area for the court cases librarian can show you where they are. Look up those cases and read them, The reason you need to read them is in case the judge happens to question you about those cases you need to know what the case was about. If you cannot tell the judge anything about the case he will throw your case law and motion in the trash and dismiss it. 

 

Spend time at the library and educate your self,

Education is a progressive discovery of our ignorance. Will Durant (1885-1981)

Best post all year I think. It could only be better if The Gunny walked you there personally. sticky please.

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This is a motions hearing nothing else, it is not a trial. All the court is asking is for you to prove that you are entitled to a more definitive statement. You need your court rules on this and some case law from your state to support it. The best place to find the caase law you need is a library, you want to ask the librarian where there annotated courts rules are located, if you do not know how to use them ask the librarian, if she doen not know here is what you do.

 

Get the first book in the series, the index, you go to the section in the book for motion for more definitive statement and it will give you the holdings of your states courts decisions on the issue. Look for your same court or your State Supreme Court. Once you have those cases go to the other section of the law area for the court cases librarian can show you where they are. Look up those cases and read them, The reason you need to read them is in case the judge happens to question you about those cases you need to know what the case was about. If you cannot tell the judge anything about the case he will throw your case law and motion in the trash and dismiss it. 

 

Spend time at the library and educate your self,

Education is a progressive discovery of our ignorance. Will Durant (1885-1981)

 

Also remember that at a pre trial motions hearing the judge cannot determine that you are liable but the court can dismiss the case. All you are there for is to determine if your motion will be granted not to determine guilt or liability.

Thank you very much.  I do feel so ignorant.  I have someone helping me on here and they asked to see the motions and I cant even figure how to upload this thing ugghhh it's so frustrating not knowing how to do some simple things that everyone else seems to know how to do.  Thanks again

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My hearing on the Motion for more definite statement is coming up my question is how would I defend myself against a statement that was attached showing a balance of zero owed due to charge off. I am going to state that I owe nothing because that's what the statement says... And since JB is dtating i owe i want a more definite statement than the one only showikng a charge off from OC...Is this a good defense for a motion for more definite statement?

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