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ohmyhead

Guest
What is the name of your state? TX


Ok I am in Texas but the suit is in Ohio.

Someone has filed a case against me for breach of contract, I live in Texas and I signed the contract in Texas. I received notification on Nov 28th for a court date on December 16th in Ohio. I called the county clerk to the Ohio court this morning to ask for a continuance and how to file a countersuit, the county clerk would not give me any information. All she told me was to fax an extension request, and if I wanted to file a countersuit she suggested I call an Ohio attorney even tho I don't need one. I can't afford an attorney especially if I am going to have to pay for travel from Texas to Ohio in 2 weeks.
I never breached any contract and have evidence to show that this plaintiff has blackmailed and threatened me for several amounts of money all of which I refused so now she is suing. I need advice on how to file an extension and a countersuit before December 16th 2003. Thank you
 


I AM ALWAYS LIABLE

Senior Member
ohmyhead said:
What is the name of your state? TX


Ok I am in Texas but the suit is in Ohio.

Someone has filed a case against me for breach of contract, I live in Texas and I signed the contract in Texas. I received notification on Nov 28th for a court date on December 16th in Ohio. I called the county clerk to the Ohio court this morning to ask for a continuance and how to file a countersuit, the county clerk would not give me any information. All she told me was to fax an extension request, and if I wanted to file a countersuit she suggested I call an Ohio attorney even tho I don't need one. I can't afford an attorney especially if I am going to have to pay for travel from Texas to Ohio in 2 weeks.
I never breached any contract and have evidence to show that this plaintiff has blackmailed and threatened me for several amounts of money all of which I refused so now she is suing. I need advice on how to file an extension and a countersuit before December 16th 2003. Thank you

My response:

What kind of contract is this? Is it a "personal" contract, or is this a "business" contract?

In the contract, is their a "choice of forum" clause; e.g., does the contract state that Ohio law is controlling?

Do you own any property in, or run a business in, the State of Ohio?

IAAL
 
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ohmyhead

Guest
The case actually involves 2 contracts, I bought a dog from the plaintiff over a year ago to show and breed, the dog ended up with a disqualifying bite and the plaintiff gave me a replacement puppy about 2 months ago , so there is a contract on each of these dogs, the contract on the first dog says I must provide proof of the disqualifying fault to obtain the replacement it doesn't say written proof,or veterinary proof just proof, I did this via a third party who is knowledgable about this breed of dog, and who also knows the plaintiff and at that time had a good relationship with the plaintiff who called and told the plaintiff about the fault, the plaintiff accepted this proof at that time and then gave me the replacement puppy lock stock and barrel, now she is suing me saying I failed to supply the proof of the bite.
The reason the plaintiff is doing this is because we also co-own a third dog who they no longer want to co-own and they want me to buy out thier share for way more then it is worth so I refused, they then blackmailed me by threatening to do something to another person, I refused again, then they threatened to sue, I have documentation of all of this in emails and answering machine recordings, but I can't get any information for filing a countersuit or an extension, I only have 12 days till the hearing and just received notice last Friday. Every website I read said that the county clerk is supposed to supply you with the forms to file a countersuit, but I live in a different state and can't just walk in and do it, and the county clerk wouldn't give me any assistance accept to call an attorney in Ohio. I believe at least one of the contracts states that any litigation will take place in the county in which the plaintiff lives. No I do not have any property or business in Ohio.
 

slanglep

Junior Member
If the transaction took place in Texas I dont see how she can sue you in Ohio.

Find out if there is a specific Judge assigned to your case and try and contact his office directly to explain that you live in another state.

Also if you go to court in Ohio I am pretty sure she can be forced to compensate you for travel expenses if she loses. You just have to state the costs in a counter-suit.
 

JETX

Senior Member
"If the transaction took place in Texas I dont see how she can sue you in Ohio.
*** That is because you didn't read the writers post, "I believe at least one of the contracts states that any litigation will take place in the county in which the plaintiff lives. No I do not have any property or business in Ohio."

"Find out if there is a specific Judge assigned to your case and try and contact his office directly to explain that you live in another state."
*** The judge won't talk with you. That would be considered an 'ex parte' communication and is not allowed.

"Also if you go to court in Ohio I am pretty sure she can be forced to compensate you for travel expenses if she loses. You just have to state the costs in a counter-suit."
*** Wrong. The recovery of defense costs is limited to legal fees and even then only when allowed by state law.
 
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hexeliebe

Guest
the dog ended up with a disqualifying bite
Poster, how did you discover this? Was it at an AKC registered event or by another means?

I think you know why I'm asking.
 

slanglep

Junior Member
I dont think you have ever been to small claims court ace.

I won a court battle with Maaco and both parties were free to contact the Judge on our case and he had to pay my court filing fees since he lost. Shows how much you know.
 
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hexeliebe

Guest
Well "ACE" you just lost any hope of getting an answer here on this forum.

It's not only this dog that has a mouth problem it seems.
 

slanglep

Junior Member
I dont need an answer as I am not the one looking for advice nor did I post the original question. This other users comments are obviously based on his opinions and not law or actual experience in small claims court.
 
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bbajanet

Guest
OHMYHEAD, listen to jetx. His advice is based on law, seeing how that is his profession. Good luck in court.
 
Small claims situation

What court and county is the case filed against you in? If you want a continuance based on the fact that you cannot be present for the hearing, or need counsel, you must file a written motion for a continuance, and serve a copy of such motion on the plaintiff. Ask the court clerk if the court will accept a filing by fax, and ask what the filing fee for such a motion would be.
 

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