My Parents are Suing me - Part 2

[HMBCMK]

What is the name of your state (only U.S. law)? Ohio

I am in the process of writing my answer to my parent's complaint against me in small claims court.

In my parents complaint, they state:

"By filing a false Sheriff's report, and in providing a false written statement in support of that report, the Defendant has slandered and defamed the Plaintiff causing damage to the Plaintiff's reputation by reflecting negatively on the Plaintiff's character, morality, or integrity. The Defendant's conduct was conscious, deliberate, intentional and/or reckless in nature and evidences a conscious disregard for the rights of the Plaintiff and has a great probability of causing substantial harm."

How on earth do I respond to that? I did not file a false police report. My parents attached a copy of the police report and my statement to their complaint. I have the title to the car, I have a bill of sale from the person who sold me the car, and I have proof that I have paid the insurance on the car since I bought it in 2007. My parents refused to give me the car back when I needed to use it temporarily. They even admit to wrecking it in their complaint.

I don't know how to properly respond to this one. Can someone please help me with this?

 

[CourtClerk]

What you need is an attorney. We are not here to walk you through your case.

 

[BOR]

I thought you said before it was over the $$ amount for small claims, like $4,000.00.

What court exactly is it?

 

[HMBCMK]

The summons I got says at the top "In the Court of Common Pleas"

 

[VeronicaLodge]

if its not true you simply say "denied" if parts are true and parts untrue you say blank sentence is admitted, blank sentence is denied.

 

[BOR]

The summons I got says at the top "In the Court of Common Pleas"

That does not make any sense. The CP court has jurisdiction for claims over 15 grand, Municipal court has jurisdiction for under 15!

You said they were suing you for $4,000.00, right?

Do they have a lawyer or did they file it on thier own?

 

[HMBCMK]

That does not make any sense. The CP court has jurisdiction for claims over 15 grand, Municipal court has jurisdiction for under 15!

You said they were suing you for $4,000.00, right?

Do they have a lawyer or did they file it on thier own?

They filed on their own. It's actually kind of funny. One paper says "Motion for Court Approval to Proceed as Indigent Plaintiff."

But in the complaint, it says in the last paragraph that they are asking for "An award of reasonable attorney fees in the amount of $275.00 (which is the sum of $75 delineated herein above, and an additional $200 for attorney assistance in drafting this complaint), and any further attorney fees expended after the filing of this complaint to prosecute this action and an award of legal interest from the date of the judgment and court costs."

 

[latigo]

Your whacko parents aren’t going to get to first base with their small claims lawsuit! Why? Because an Ohio small claims court cannot assume jurisdiction over the subject matter! *

Consequently the judge will either dismiss their complaint or move the case up to a court common pleas that does have subject matter jurisdiction.

Also, if there is a statute in Ohio by which they would be entitled to their attorney fees should they prevail in a higher court, someone needs to cite it for me because I haven’t found it.
________________________

On the other hand YOU should consider counter suing the parents for both the damage to the vehicle AND their malicious misuse and abuse of process in filing a trumped up lawsuit.

See if you can’t find an experienced trial lawyer in your area that will give you a free consultation.
__________________________


[*] Ohio Revised Code Chapter l925 Small Claims Division

Section 1925.02 (A)(2)(a) A small claims division does not have jurisdiction in any of the following:

(i) Libel, slander, replevin, malicious prosecution, and abuse of process actions;

 

[HMBCMK]

Your whacko parents aren’t going to get to first base with their small claims lawsuit! Why? Because an Ohio small claims court cannot assume jurisdiction over the subject matter! *

Consequently the judge will either dismiss their complaint or move the case up to a court common pleas that does have subject matter jurisdiction.

Also, if there is a statute in Ohio by which they would be entitled to their attorney fees should they prevail in a higher court, someone needs to cite it for me because I haven’t found it.
________________________

On the other hand YOU should consider counter suing the parents for both the damage to the vehicle AND their malicious misuse and abuse of process in filing a trumped up lawsuit.

See if you can’t find an experienced trial lawyer in your area that will give you a free consultation.
__________________________


[*] Ohio Revised Code Chapter l925 Small Claims Division

Section 1925.02 (A)(2)(a) A small claims division does not have jurisdiction in any of the following:

(i) Libel, slander, replevin, malicious prosecution, and abuse of process actions;

It is going in front of the common pleas judge. I mistakenly thought when I originally posted that common pleas was the same as small claims. It wasn't until I calmed down and actually read the papers I got from start to finish (instead of skim-reading, which I know I do frequently) that I realized common pleas and small claims are not the same.

Thanks for your response, I really appreciate it. I will make some calls on Thursday and see if I can find a local attorney to talk to. Tomorrow, I have to go in for another appointment for my pregnancy, they are doing another echocardiogram on baby's heart and some other tests. This is just so stressful. Can I counter sue my "whacko" parents for causing me undue stress?

 

[Proserpina]

If your unborn child has a heart defect, it's not the fault of your parents.

 

[BOR]

It is going in front of the common pleas judge. I mistakenly thought when I originally posted that common pleas was the same as small claims. It wasn't until I calmed down and actually read the papers I got from start to finish (instead of skim-reading, which I know I do frequently) that I realized common pleas and small claims are not the same.

As I said, if it is for only $4,000.00, it was filed in the wrong court. The Court, after reading it should have transferred it to Municipal Court on it's own initiative. You of course can move for such when you file your Answer.

This is just so stressful. Can I counter sue my "whacko" parents for causing me undue stress?

It is hard enough to file an Answer you say, how would you even know how to plead for such damages?

But in the complaint, it says in the last paragraph that they are asking for "An award of reasonable attorney fees in the amount of $275.00 (which is the sum of $75 delineated herein above, and an additional $200 for attorney assistance in drafting this complaint), and any further attorney fees expended after the filing of this complaint to prosecute this action and an award of legal interest from the date of the judgment and court costs."

I am not an authority on Costs and fees, that would take some research in the Ohio Jurisprudence 3rd Volumes.

If they have filed Pro Se, meaning without a lawyer, I can almost guarantee they are NOT entitled to the 200 they paid the attorney, that is not compensable.

They are however entitled to pre and post interest if they win.

I see they did not ask for pre judgment interest. They probably do not know it may be available to be plead. Post judgment interest in no big deal.

 

[HMBCMK]

If your unborn child has a heart defect, it's not the fault of your parents.

It is no ones fault.

I was being facetious about counter suing for undue stress.