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I live in Ohio. $3,063.11.
small claims court, yes. i guess my question first would be do i have to now answer the original complaint, and then second, if i deny all claims, which i would, even my last name is XXXXX XXXXX would be a proper motion to file with the answer or not to anwer... sorry lol! i guess you figured this is there reply. it seem almost ignorant to me...
Now comes Plaintiff, xxxx and hereby responds to defendants motion for MDS and asks the is Court to deny Defendant's motion for reasons set forth below.I. FactsComplaint is this matter was filed to recover a balance which arose from Defendant's alleged use of a xxxxxx credit card account. Service was perfected and defendant has filed a Motion for MDS pusuant to OHio Civil Rule 12(E)II. Defendants motion for MDS is imporpper.Civil rule 12 (E) states:If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a DS before interposing a responsive pleading.defendant has posed such a motion to the court. However, there is nothing in Plaintiff's Complaint that is so vague as to prevent XXXX from answering. To the contrary, it is clear from reading the complaint that plaintiff alleges defendent applied for a xxxx c.c. and xxxx failed to pay the balance due, that the debt was asssigned to Plaintiff for collections and that therefore defendant owes a sum of money to plaintiff. none of the foregoing allegations are so unclear that defendant could not possilby respond. Therefore xxx Motion for MDS is denied.III.Defendant argues Plaintiff's complaint must inclued a comp of the contract and a running balance of his account.( I'm a her and they us "her and him" interchangably throughout) The Complaint included Defendant's name (true) and account number. (14 digits) attached to the complaint is and affidavid of the account and copies of statements in the Defendant's name. (not true)In the case of blah blah blah the 11th district court of appeals found that the document attached to the pleading was adequate to put defendant on notice and to allow defendant to file a proper responsive pleading. The court focuses on the fact that the plaintiff established a "provable sum" Similarly, the 4th appellate district has stated that a pleading stae in an acion on an account, the beginning balance must be a provable sum, not a proven sum.Defendant has notice of the claim herein and anple opportunity to form an answer. For the forgoing reasons. Plaintiff respectfully XXXXX XXXXX this honorable court deny defendants motion for DS.Respectuflly submitted,blah blah blahattorney's for
i'm sure i will give u a positive answer, but i'm not sure that i have an answer. what motion do you suggest i file next? and is it legal to file subsuquent motions in ohio. i have read the laws of civil procedure, some i understand this i cant find an answer to. thanks, XXXXX XXXXX being a pain...i appreciate your time!!! also, i know they can change my name, but it would be fun to get of on such a stupid technicality. oh btw, this is an account from 06 i called the original creditor to find the date of last payment, they didnt know. my ex husband opened accounts in my name. i can't say if this is one or not, until i see the documentatiion. so there is a small chance this is also time barred. statute in OH is 6 years. the reason i think the ball is in my court is b/c they answer on 4/8 i look up the case on line everyday....still nothing...
one more thing, perhaps i am a little slow. so why hasn't the judge ruled on their reply. again, it was to be submitted by 4/26/13.they submitted 4/8 clearly you can't be in the judges head, but on every other thing that has happened ie:appearance in court, motions filed. the court has answered that day or the nxt. so, because i am thick in the head, and i wnat to be absolutely clear. the next thing to happen after the jdb denying my statement for more definite motion is in the hands of the judge?!
i posted both. 1st is their answer to my motion for more definite statement, the second is my actual motion. they did not amend the complaint. they only denied my motion after the complaint. so (1) i show up in court (2) judge orders me to answer (3) i file motion for mds in lieu of answer (4) they deny my motion. (5) no response from court since 4/8. nothing not a peep from anyone not even the court. assets answer was due 4/26 i hear crickets.
how has the court denied it? the judge gave the jdb 30 days, they denied it. so that is the courts answer also?!
plz read ASSETS denial to my motion again. it has to be improper...no??? now you have got me really confused. i have been granted a lot of mistakes by the judge and the magistrate. read my motion again and what the magistrate said....he said he would not grant a motion or however they word it, unless there was a cc statement with a provable sum attached..... now you understand why i was confused?!?!
august 8th- summons filed-i ignored.
SOMETIME HERE-DEFENDANT FILED MOTION TO DISMISS
feb 15th-hearing scheduled
march 12-court...granted me til' march 26th ( BECAUSE I SHOWED UP AND THEY HAD NOTHING)to file an answer or other responsive pleadings
march 26- i,me,filed motion for more definite statement
march 27-judge ordered "the plaintiff (ASSET) is given leave until april 26th to file it's response to defendant(me)'s motion for mds.
april 8-asset denied motion for mds.
IT IS LISTED AS HAVING BEEN RECEIVED BY THE COURTS SAME DAY 4/8 BUT NOTHING HAS BEEN NOTED SINCE OR SENT TO ME SINCE.
Did you mean that "Court denied Asset's RESPONSE to your Motion for MSD"
"Court denies your Motion for MDS after Assets files a response to it?"
"IT" being what here, exactly?
NEITHER....COURT HAS NOT ANSWERED....COURT HAS SENT ME NOTHING....ONLY THING I RECEIVED WAS WHAT i showed you...their answer.
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