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Plaintiff Served Discovery after Scheduling Order Deadline


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My case is the discovery phase in Ohio..  Plaintiff's attorney sent plaintiff's first discovery after the court ordered deadline.  Attorney is routinely late. Do I have to answer plaintiff's discovery.  I filed discovery in October; Plaintiff filed an answer with the court in December; but did not serve a copy to me

Plaintiff:  Unifund CCR, LLC

 

2. What is the name of the law firm handling the suit?  removed  (prefer not to show)

 

3. How much are you being sued for?  $2800

 

4. Who is the original creditor? Citibank, NA

 

5. How do you know you are being sued?  Served with complaint

 

6. How were you served? Mail

 

7. Was the service legal as required by your state? yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  none

 

9. What state and county do you live in? Ohio, Lake County

 

10. SOL:    6 years, expires-soon

 

12. What is the status of your case? Trial Date Set for May

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no  When last checked in September 2015, debt was not on credit bureau report

 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.  No

 

15. How long do you have to respond to the suit? Answered the complaint.

 

Counts:  non-payment of account, unjust enrichment, breach of contract

 

16. What evidence did they send with the summons? A redacted account statement, no logo

 

Edited by LWms514
small community, very few cases by plaintiff's attorney, my case is the only one that has progressed to trial
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52 minutes ago, LWms514 said:

10. SOL:    6 years, expires-soon

The SOL  is tolled while the suit is active from the date it is filed.  The SOL does not expire as long as the case was filed before it did and the case remains active on the court docket.  Should the case be dismissed THEN it runs as if the case were never filed.  

You need to check with an attorney to be certain as to whether you do or do not have to answer.  I would also object to their being late and seek to have their evidence struck for this transgression.

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1 hour ago, LWms514 said:

My case is the discovery phase in Ohio..  Plaintiff's attorney sent plaintiff's first discovery after the court ordered deadline.  Attorney is routinely late. Do I have to answer plaintiff's discovery.  I filed discovery in October;

Courts don't enter scheduling orders with the expectation that they'll be ignored. If plaintiff sent discovery requests after the cutoff date,  you do not have to respond to it. That said, I would actually send a "response," generally objecting to the discovery as being untimely, and therefore no response is required.

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On 3/29/2016 at 8:09 PM, LWms514 said:

OH rules state that if an objection is made, the reason for the objection should be made in lieu of an answer.  Should I give the cutoff dates and the date discovery was served by Plaintiff and received by Defendant?   I put the objection after each request and interrogatory....is that correct?

 

EX:  Objection:  Plaintiff's First Discovery (inclusive of all requests for admissions, all interrogatories and all requests for productions) is untimely; therefore an answer is unnecessarily. 

OR (give more detail)

EX: 

Objection:  Objection on the grounds that Plaintiff’s First Discovery (inclusive of all Requests for Admissions, all Interrogatories and all Requests for Production of Documents) is untimely:  Plaintiff’s First Discovery was submitted to Defendant after the Court’s Scheduling Order cut-off date; therefore, an answer is unnecessary.  Per the Court’s Scheduling Order, all discovery was to be submitted to opposing party or counsel by February  5, 2016 and answered by March 6, 2016:  Per the Certificate of Service included with Plaintiff’s First Discovery, the aforementioned discovery was served to Defendant on March4, 2016:  Defendant received Plaintiff’s First Discovery on  March, 9, 2016.

OR

Objection:  Defendant, generally objects to Plaintiff's First Discovery as untimely.

 

All suggestions are appreciated.

Thank you.

 

On 3/29/2016 at 8:09 PM, LWms514 said:

My case is the discovery phase in Ohio..  Plaintiff's attorney sent plaintiff's first discovery after the court ordered deadline.  Attorney is routinely late. Do I have to answer plaintiff's discovery.  I filed discovery in October; Plaintiff filed an answer with the court in December; but did not serve a copy to me

Plaintiff:  Unifund CCR, LLC

 

2. What is the name of the law firm handling the suit?  removed  (prefer not to show)

 

3. How much are you being sued for?  $2800

 

4. Who is the original creditor? Citibank, NA

 

5. How do you know you are being sued?  Served with complaint

 

6. How were you served? Mail

 

7. Was the service legal as required by your state? yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  none

 

9. What state and county do you live in? Ohio, Lake County

 

10. SOL:    6 years, expires-soon

 

12. What is the status of your case? Trial Date Set for May

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no  When last checked in September 2015, debt was not on credit bureau report

 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.  No

 

15. How long do you have to respond to the suit? Answered the complaint.

 

Counts:  non-payment of account, unjust enrichment, breach of contract

 

16. What evidence did they send with the summons? A redacted account statement, no logo

 

 

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Is Citibank, NA and Citibank, N.A. synonymous?  Debt buyer is pushing name as Citibank, NA instead of Citibank, N.A..

  • When spoken you say Citibank, NA; but, legal documents show Citibank, N.A.-correct? 
  • If I recall correctly, I read somewhere that debt buyer agreements (perhaps, not all) are not allowed to use the original creditor's legal name in any litigation under threat of a hefty fine. 
  • Your thoughts, please.

Thank you.  (I apologize if I'm posting, incorrectly.)  Should this have been posted as a new topic?

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