jliv29

Court Date Next Week and Nothing From Midland

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A little background, sued by Midland in Ohio for syncrony bank cc.This is the second suit for the same debt, first was in 2016 and it was dismissed without prejudice before the court date.  Answered the summons pro se and it was accepted by court with a hearing date scheduled for May 21. Now, last time I received a discovery questionnaire before the hearing, but this time I've received nothing. The court laws state discovery must be no less than 30 days before trial. So far I've seen no movement from them on the public court access. So do I go to court next week and explain to the judge they are not upholding the rules of the court and ask for a dismissal, or is Midland going to show up and attempt to settle, ask for continuance etc.  . Has anyone had this happen with their suits? 

 

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Before I was able to kick my case over to JAMS for arbitration I was in the same boat.  I had no contact from Midland, even though at the Case Management Conference (California case) their lawyer said we had met and conferred.  So it isn't an isolated case.

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1 hour ago, jliv29 said:

Now, last time I received a discovery questionnaire before the hearing, but this time I've received nothing.

Did you request discovery from them this time? If not, they will say "defendant never requested anything" and then present all of the evidence you never requested. 

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I did not request arbitration in the answer, should I request it at my hearing next week, or file an amendment to my answer stating arbitration?

 

 

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40 minutes ago, jliv29 said:

original contract, record of them owning said debt, bill of sale for said contract

You asked the *plaintiff* for these things, or you just said in your motion for discovery that these are the things you wanted to see? I don't know squat about specific OH discovery rules, but in most places you send a separate request just to the plaintiff for the items/questions you want. 

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It says trial on the court papers. I've read the civil rules for my court, its very streamlined it seems. In my municipality your answer can be combined with motion to dismiss, motion for discovery, etc. It looks like my best bet would be to file a motion for arbitration.  Or, fingers crossed, they dismiss.

 

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Update!! They dismissed the case today. Without prejudice, but SOL is up soon, so I'm taking the win.

 

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