AlawsoabA1221

Help ASAP! Ohio - Crown Asset Mgt Complaint - $ owed from CC

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In my court that is the initial conference (this is my experience only)

Your going to show up early and sit around, the plaintiffs attorney may show up at a decent time or stroll in 2 min prior.He will hand over a packet and say blah blah we want to settle today for X dollars trying to either get you to admit something or back you into a corner. Stand firm and use the time now to become versed in your arb clause. You have to be able to stand your ground while at the same time affirming your right to arbitration.

If its ok for you to settle your debt with the number presented to you then your pretty much done. If you want to go the mile then you need to prepare. Just make sure you put yourself in that mindset that you will dedicate time into research and prep.

You have filed your MTC and stay the case pending contractual arbitration I presume. Well now you want to assert that to the judge in a respectful manner. The plaintiff will probably have a list of things to spout off, and thats ok. If you know what your clause says then you have a cheat sheet.

Ohio has a public policy enforcing arbitration

" THE STATE OF OHIO HAS A PUBLIC POLICY FAVORING THE ENFORCEMENT OF ARBITRATION PROCEEDINGS. SECTION 2711.01(A) OF THE OHIO REVISED CODE PROVIDES THAT ARBITRATION PROVISIONS WILL BE ENFORCED UNLESS GROUNDS EXIST IN LAW OR EQUITY FOR THE REVOCATION OF THE CONTRACT. "

 

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22 hours ago, AlawsoabA1221 said:

So, of course, I received a request from the Plaintiff today for Interrogatories, Request for Production of Doc's & Request for Admissions. 

I filed my MTC April 22, the 14 days will be up 5/6. However, the court set a "hearing" for 5/7 after I filed my MTC. Per the court rules, I'm guessing this is the "initial conference?!"

Should I draft my motion for dismissal (or whatever its called) & take with me & either file the morning of take with me on the date of our hearing? 

I will have my Jams arb form filled out along with my notes to use during the hearing. 

Idk how long the answer time frame is for the interrogatories per the court rules. Is this considered a "motion"? That's prob a stupid question lol. Should I have this answer ready for the hearing as well?

What is the beat order to file all of these in or present to the court? 

 

Rules of Practice and Procedure of Municipal Court (PDF).pdf 2.05 MB · 1 download

If the plaintiff has sent you discovery, you need to answer them, but in a special way so as not to waive your arb rights.  This is especially important for requests for admissions; if they are not denied they are deemed automatically admitted, meaning you will be admitting you owe them money.

This is how to answer for each of the discovery requests:  OBJECTION.  The defendant has elected private contractual arbitration.  The scope of discovery is to be determined by the arbitration forum.

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So do I answer each discovery, request for admissions & interrogatories or just the discovery as "objection defendant has elected private contractual arbitration"?

Court is on Tue. I didnt really see an answer if I do this or not...do I file my answers prior to court (mon or like the morn of court)? 

I will take my JAMS ap, & notes with me to the court along with all your suggestions. 

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14 hours ago, AlawsoabA1221 said:
 

So do I answer each discovery, request for admissions & interrogatories or just the discovery as "objection defendant has elected private contractual arbitration"?

Court is on Tue. I didnt really see an answer if I do this or not...do I file my answers prior to court (mon or like the morn of court)? 

Please read the Ohio Rules of Civil Procedure to get the answers to your questions. (I am not a lawyer.) I do not see any requirement in the Rule 26 general discovery provisions that responses to discovery requests and admissions are to be filed with the court. 

TITLE V. DISCOVERY
RULE 26. General Provisions Governing Discovery

RULE 33. Interrogatories to Parties

"(3) Each interrogatory shall be answered separately and fully in writing under oath,
unless it is objected to, in which event the reasons for objection shall be stated in lieu of an
answer. The party upon whom the interrogatories have been served shall quote each
interrogatory immediately preceding the corresponding answer or objection. When the number
of interrogatories exceeds forty without leave of court, the party upon whom the interrogatories
have been served need only answer or object to the first forty interrogatories. The answers are to
be signed by the person making them, and the objections signed by the attorney making them.
The party upon whom the interrogatories have been served shall serve a copy of the answers and
objections within a period designated by the party submitting the interrogatories, not less than
twenty-eight days after the service of the interrogatories or within such shorter or longer time as
the court may allow. "

RULE 36. Requests for Admission

(1) Each matter of which an admission is requested shall be separately set forth. The party to whom the requests for admissions have been directed shall quote each request for admission immediately preceding the corresponding answer or objection. The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney.

(2) If objection is made, the reasons therefor shall be stated. 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, and when good faith requires that a party qualify his or her answer, or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Civ.R. 37(C), deny the matter or set forth reasons why the party cannot admit or deny it.

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I am really confused after reading everyone's responses now. I know that I dont have to file the answers to the discovery/interrogatories etc. With the court. I am just confused as to what I should draft and/or actually file with the court (if anything) to take with me to court tomorrow besides my copy of the JAMS application.

The deadline for the Plaintiff to respond to the MTC arbitration is not until after this initial conference. I am assuming this request for discovery/interrogatories is just a sep request/tactic & is "in response" & that I should object to each responding as MTC arb, however, do I take this response & "serve" them in court or just bring paperwork with me in case its discussed? 

I am very confused as to my strategy or what to do besides bring my copy of jams paperwork (since I cant file until MTC is ordered) & my notes of what to say during this conference. 

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33 minutes ago, AlawsoabA1221 said:

I am just confused as to what I should draft and/or actually file with the court (if anything) to take with me to court tomorrow besides my copy of the JAMS application.

(IANAL) In addition to the JAMS application, I suggest you take a binder or file of everything you've submitted to the court or served upon the plaintiff with CMRRR signed green slip, if applicable. 

Judicial Steps: 1. Initial Conference Hearing: After an answer has been filed, or in the case where there is an Answer and a Counterclaim and/or a Cross-Claim and/or Third Party Complaint filed, and upon all parties having pleaded or having otherwise having answered, the Clerk shall docket the case for an "Initial Conference Hearing". The purpose of this initial conference hearing is for the Court to discuss with counsel the issues of the case; set a cutoff date for discovery and set a cutoff date for any motions that counsel may desire to file. An Order shall be made cutting off discovery and the time for filing of motions.

2. Status Report Hearings: At the initial conference, the Court may set a "Status Report Hearing". Said hearing will be set, in the discretion of the Court, when there is a strong likelihood of settlement, or there are other concerns about the continuing process of discovery.

3. Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions shall be considered submitted at the end of said fourteen (14) day period, unless time is extended by the Court. There shall be no oral hearings granted concerning said motions unless a party requests an oral hearing in writing and the court deems it necessary, or unless upon the Court's own motion, the parties are requested to orally argue the motion.

40 minutes ago, AlawsoabA1221 said:

do I take this response & "serve" them in court or just bring paperwork with me in case its discussed? 

What do the Ohio rules of civil procedure say about proper service methods? I would follow the rules for discovery deadlines and proper method of service with sworn certificate of service as proof. (IANAL) If their discovery requests included requests for admissions, I would make certain to scrupulously comply with those rules, returning them CMRRR to plaintiff's attorney's listed address. Personally, I would not rely on a perhaps rent-an-attorney in court to properly forward the discovery responses.

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Im sorry that I dont have any pointers to give on discovery. Through my experience tho, to properly service you need to attach something like this:

 

                                                   CERTIFICATE OF SERVICE

 A copy of the foregoing was served on this XXnd day of May, 2019 pursuant to: Civ.R. 5(B)(2)(c) by U.S. regular Mail, postage prepaid to XXXXXXX, XXXXXXX, OH 4XXXX.

 

 

 

______________________________

                       XXXXXXXXXX, Defendant, Pro Se

 

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@AlawsoabA1221 Unless rules of civil procedure state otherwise, discovery requests and responses are exchanged between parties and aren't filed with the court. Some rules require the parties to "meet and confer" to settle discovery disputes before involving the court. The court becomes involved if one party feels the other's responses are still insufficient and files a motion to compel the party to produce the documentation or information requested. That said, I would have everything with me in a binder or file at tomorrow's conference. Be prepared for some pressure to settle. 

Come back and let us know what happens. Good luck! 

 

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1 hour ago, Brotherskeeper said:

@AlawsoabA1221 Unless rules of civil procedure state otherwise, discovery requests and responses are exchanged between parties and aren't filed with the court. Some rules require the parties to "meet and confer" to settle discovery disputes before involving the court. The court becomes involved if one party feels the other's responses are still insufficient and files a motion to compel the party to produce the documentation or information requested. That said, I would have everything with me in a binder or file at tomorrow's conference. Be prepared for some pressure to settle. 

Come back and let us know what happens. Good luck! 

 

Thank you so much!! Will def report back

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I waited for almost 3hours until EVERY docket was heard to then be informed my cases were dismissed. Picked up my papers from the Clerk, Plaintiff faxed dismissal without prejudice today at 12 (1hr before court). 

Anyone know of any tactics I should plan for since its without prejudice??

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@AlawsoabA1221 They dismissed both cases? Good job!! Here are the Ohio rules for voluntary dismissal: 

RULE 41. Dismissal of Actions
(A) Voluntary dismissal: effect thereof.
(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following:

(a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant;

(b) filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court.


(2) By order of court. Except as provided in division (A)(1) of this rule, a claim shall not be dismissed at the plaintiff's instance except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon that defendant of the plaintiff's motion to dismiss, a claim shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under division (A)(2) of this rule is without prejudice.

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22 minutes ago, AlawsoabA1221 said:

Idk if I should count this as a win?? :)

Yes, it's a win.  I doubt very much if they will sue you again, but if they do, it's "rinse and repeat."  File the MTC Arb again.

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@Brotherskeeper @nobk4me yes voluntary for both cases. I was a little shocked because I just received their request for admissions/discovery last week. 

Ok, I have my strategy in case they do sue again. Load off my shoulders for now. Thanks so much to everyone's advice & answering my questions!!!!! Ya'll have helped so much!!

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41 minutes ago, AlawsoabA1221 said:

Ok, I have my strategy in case they do sue again.

I doubt they will. If they do, and you MTC arb again, and they dismiss again: 

"Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court."

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1 hour ago, nobk4me said:

Yes, it's a win.  I doubt very much if they will sue you again, but if they do, it's "rinse and repeat."  File the MTC Arb again.

 

16 minutes ago, Brotherskeeper said:

I doubt they will. If they do, and you MTC arb again, and they dismiss again: 

"Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court."

Good news!!!

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