Been named in Lawsuit against Best Buy credit.

[Jeroldkm]

Well, my sister was and I helped her file a response to the first letter with relative ease and now they have filed for discovery with a long list of questions. Concerning address and place of employement and bank information etc. etc. But I haven't the faintest clue on what to do with that?

This is in Cincinnati, OH.

[AngelinaCat]

It is called an interrogatory, and is very much like an in-person deposition, except you can submit it by mail. Make a copy of the list of questions, following the same format that the question came in. You have to make a list of the questions followed by the answer.

[malf1204]

Has there been a judgement against your sister? Most states do not require you to answer interrogatories to aid in enforcement of judgement until after a judgement has been granted. Employer, bank accounts, assets etc are irrelevant for trial they only become relevant after a judgment. Check your rules for civil procedure in OH. In Maryland the Rules of Evidence do not apply to small claims procedures so you can ignor any requests for discovery pre-trial and I do.

[Jeroldkm]

No judgement yet. she was hoping to avoid trial by negotiations of the debt. Do you suspect that is possible?

[AngelinaCat]

Yes, your sister answered the summons, so therefore you have the interrogatories. This actually is good. The longer you and/or she can delay the plaintiff until you and/or she can file BK, the better.

[Jeroldkm]

Now, they have filed a MOTION TO CONTINUE TRIAL AND FOR LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT and then goes to say that because she didn't respond to the discovery motion the civil rules now regard the case as fact. What is a proper response for this?

[justbroke]

You are in a dangerous area of practicing law without knowing the procedural aspects. You should not be writing any papers for your relative.

Now, procedurally, this is the normal progression of a civil court case. First it's the complaint, then the summons, then the answer, then the discovery, then Motions for Dismissal or Summary Judgment. I personally can't tell you how to respond to their Motion to Continue. There is no standard response and the response needs to be consistent with the Rules of Civil Procedure for Ohio. The only way you could remove any default -- for failure to respond -- could be excusable neglect. Again, you're in a trial and you need to understand the procedure. This is likely to go to Final Summary Judgment and a judgment being granted.

If your goal was to just delay the inevitable, you may have some reprieve by the Motion to Continue. However, it's just a delay unless you have an actual cause as to why judgment should not be granted at trial.

[malf1204]

Is this a small claims case? Most states have relaxed rules of evidence for small claims so she may not be required to answer any pre-trial interrogatories.

[justbroke]

maif, and the post above indicates that the plaintiff wants to move to summary judgment (with a continuance as well) because there was no response to the discovery request. I don't know anything about Ohio and I'm taking the more conservative approach to this.

[Jeroldkm]

You are in a dangerous area of practicing law without knowing the procedural aspects. You should not be writing any papers for your relative.

Now, procedurally, this is the normal progression of a civil court case. First it's the complaint, then the summons, then the answer, then the discovery, then Motions for Dismissal or Summary Judgment. I personally can't tell you how to respond to their Motion to Continue. There is no standard response and the response needs to be consistent with the Rules of Civil Procedure for Ohio. The only way you could remove any default -- for failure to respond -- could be excusable neglect. Again, you're in a trial and you need to understand the procedure. This is likely to go to Final Summary Judgment and a judgment being granted.

If your goal was to just delay the inevitable, you may have some reprieve by the Motion to Continue. However, it's just a delay unless you have an actual cause as to why judgment should not be granted at trial.

Thank you for your detailed response. The original goal was to settle with them before trial and not have judgement on record.

[justbroke]

Is there anything keeping your relative from filing bankruptcy now, or soon?

[Jeroldkm]

Is there anything keeping your relative from filing bankruptcy now, or soon?

Yes. There is no intention to file for bankruptcy. Only to either settle the debt or pay in full before a judgement is issued.

[justbroke]

If the relative has the money to settle, why did they not settle in the first place? If the creditor has a default entered, the settlement may now be more than what they could have settled for previously. I guess I'm asking... if you intended to settle anyhow, wanted to settle before trial, and want to settle now or before a judgment is issued, then why play games and respond to the complaint? Why not have offered a settlement right up front?

Maybe I'm confused or are you trying to save up the money for the settlement? It would have been better to actually settle first. Typically, while in collections or a third party, settlements can be done prior to a complaint (lawsuit) and they typicall allow a payment plan to be worked out. If this goes to a stipulated settlement, which it would probably be at this point, they are in the driver's seat... not you.

[Jeroldkm]

If the relative has the money to settle, why did they not settle in the first place? If the creditor has a default entered, the settlement may now be more than what they could have settled for previously. I guess I'm asking... if you intended to settle anyhow, wanted to settle before trial, and want to settle now or before a judgment is issued, then why play games and respond to the complaint? Why not have offered a settlement right up front?

Maybe I'm confused or are you trying to save up the money for the settlement? It would have been better to actually settle first. Typically, while in collections or a third party, settlements can be done prior to a complaint (lawsuit) and they typicall allow a payment plan to be worked out. If this goes to a stipulated settlement, which it would probably be at this point, they are in the driver's seat... not you.

Apparently it was neglected and it came to this. And yes it would've been easier.

[justbroke]

I do hope you the best outcome! Hopefully the creditor will not see this as if they have the upper hand and try to make you pay the entire potential judgment, including court costs. However, that's not outside the realm of possibilities at this point.

Are (the collective) you in contact with the creditor's attorney? If so, is there any movement on settlement?