Re: Help! Not sure how to handle this...

Posted by willford (65.238.15.31) on October 18, 2003 at 19:23:20:

In Reply to: Help! Not sure how to handle this... posted by Jade on October 18, 2003 at 14:10:10:

Jade, seems that you put the cart before the horse and now you see what happens, these bastards
don't care that you offered to settle, all they want is to screw you over. how close is the ca's attorney to where the case will be heard?
I think you almost have to file an answer to protect yourself. Did their court filing documents
contain absoulte proof that this is yours, and do you agree with the dollar amount, or just some bullcrap affidavit stuff from someone who says they are familiar with your account.
If you answer you will have plenty of time to settle, either by a court ordered mediation, or they (the attorney) will call you before the hearing especiall if they have to travel to get there. They would rather settle instead of drive and spend their time.
If everything is not spelled out in detail in their law suit you certainly have grounds in my opinion to, deny their allegations 1 thru whatever, 2. state that they have failed to state a claim upon which relief can be granted and
if they have not included a complete account information in their complaint, you have grounds to state that they have failed to comply with Ohio Civil Rule 10(B), which requires a copy of the account.
and 3. finish your answer saying that therefore the defendant asks that the complaint filed herein be dismissed at the cost of the plaintiff.
this is information that was suggested to me and used in a similar situation.

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