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haal

Motion for more definite statement (Ohio)

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At the beginning of November a suit was filed against me for alleged monies owed by Velocity Investment.   I submitted a motion for a more definite statement because of deficiencies in the Plaintiffs paperwork and the motion was approved on Jan 9.   The Plaintiff was given 30 days to amend their paperwork.

The Plaintiff did not respond within that period but because the Judge was sick and was behind, the case had not been reviewed again and would have been dismissed due to Plaintiffs lack of response.

Then an additional month later (30 days past the deadline) the Plaintiff filed a request for leave to amend their original complaint (to include documents that by law should have been by law in the original filing) and was granted another 30 days on they day they requested the request for additional time   I was going to oppose that motion as the Plantiff stated reason for the delay was that their business model did not allow them access to the paperwork in a timely fashion (paperwork they should have had BEFORE they filed the original lawsuit.  Much less  4 months after the filing)

So the Plaintiff filed the complaint:

1) with deficient paperwork

2) was give 30 days to file amended paperwork, which they did not do

3) then another 30 days after that deadline requested leave from the  Court to file the required paperwork (even though the case would have been dismissed already if the Judge had not been sick)

4) was immediately granted that extension. ( I did not  have time to oppose)

5) they then filed the new paperwork (which I believe is still deficient)

 

I am not sure the best course of action to take next.

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Who is the original creditor? What type of debt is this? You may be able to use arbitration. 

At this point, the problem you think you have isn't with the plaintiff - it's with the court, which means your only remedy is an appeal. But because the case is still ongoing, you have to wait to appeal until after final judgment. 

If arbitration is at all a possibility, that's the route i would take. 

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I apologise I did not follow up on your reply.  With everything going on with the Coronavirus it has gotten a bit crazy.  Arbitration is still a possibility at this point as in Ohio I have not even needed to file an answer yet but I want to use up all my other ammo first so to speak.

I guess the specific question I have at this point now and it is hard to research with all the libraries closed is what is the defendants response when the plaintiff files the new pleading in response to a motion for a more definite statement and that pleading (still) does not meet all of the legal requirements?   Do I file a motion to dismiss?  Do I wait for the Court to rule on the new pleading?

I am sure this a very specific Ohio question, but with all of the law libraries closed, it's hard to look for anything

  

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