State: Ohio
Have been receiving harassing (mostly hangup, all hours, every day) phone calls for 10 months. Every day. Every single day. On home phone, cell phone, at office. Calls coming from fiancé's ex girlfriend in another state. Caller ID shows either "Unavailable" or a number leading back to an AT&T prepaid calling card service. Also calling daughter's cell phone. Mostly hangup calls. Harasser never says anything except when she calls the office, asking to be put through to operating room, or asking nurses rude questions about my fiancé's financial transactions. Harasser used to work for Verizon Wireless (My cell phone and my daughter's are through Verizon). Police say their subpoenas to phone companies go unanswered because of a lack of jurisdiction. I think this is bull, but don't know what to do. Calls began before Christmas '04 and haven't stopped since. Have changed phone numbers many times. Have privacy manager at home. After I changed cell phone number, she got the new number within two days, and I hadn't given it to anyone! Police not getting results. Some 90% of all incoming calls are from her on home phone, 95% on cell phone. Not so much on office phone, but she knows I'm there on one certain day of the week and calls relentlessly then.
Question: Can I file a small claim against harasser in my local municipal court?
Question: Can I, under such a claim, subpoena telephone companies myself?
Question: Does Ohio law even allow small claims court to be used for discovery?
Question: Can I request damages? If so in what amount? Cost of investigation and court fees? All phone bills since harassment began?
Question: What kind of records do phone companies keep?
Question: If I serve her and she stops, can I still get records from before she stopped, or does she have to be caught in the act in order to get documentation?
Thanks!
Have been receiving harassing (mostly hangup, all hours, every day) phone calls for 10 months. Every day. Every single day. On home phone, cell phone, at office. Calls coming from fiancé's ex girlfriend in another state. Caller ID shows either "Unavailable" or a number leading back to an AT&T prepaid calling card service. Also calling daughter's cell phone. Mostly hangup calls. Harasser never says anything except when she calls the office, asking to be put through to operating room, or asking nurses rude questions about my fiancé's financial transactions. Harasser used to work for Verizon Wireless (My cell phone and my daughter's are through Verizon). Police say their subpoenas to phone companies go unanswered because of a lack of jurisdiction. I think this is bull, but don't know what to do. Calls began before Christmas '04 and haven't stopped since. Have changed phone numbers many times. Have privacy manager at home. After I changed cell phone number, she got the new number within two days, and I hadn't given it to anyone! Police not getting results. Some 90% of all incoming calls are from her on home phone, 95% on cell phone. Not so much on office phone, but she knows I'm there on one certain day of the week and calls relentlessly then.
Question: Can I file a small claim against harasser in my local municipal court?
Question: Can I, under such a claim, subpoena telephone companies myself?
Question: Does Ohio law even allow small claims court to be used for discovery?
Question: Can I request damages? If so in what amount? Cost of investigation and court fees? All phone bills since harassment began?
Question: What kind of records do phone companies keep?
Question: If I serve her and she stops, can I still get records from before she stopped, or does she have to be caught in the act in order to get documentation?
Thanks!