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Belle81

Guest
What is the name of your state? OH

Before I go to the small claim court, what kinds of document should I prepare?


Under what kind of situation I should file a counterclaim.


In Ohio, can I file a response before the trial? If I can, what should I mention on the response? If I cannot, what do I do? Can I write down some critical points and handing in to the judge?


Because I am not good at English, and someone told me that on the trial, the judge will not allow defendant to read the prepared statement.


Thank you!
 


JETX

Senior Member
"Before I go to the small claim court, what kinds of document should I prepare?"
*** That depends entirely on your standing in the action and what claims are being made.

"Under what kind of situation I should file a counterclaim."
*** If you feel that you have sufficient claim and evidence to use to offset the claim being made against you, file.

"In Ohio, can I file a response before the trial? If I can, what should I mention on the response? If I cannot, what do I do? Can I write down some critical points and handing in to the judge?"
*** To answer your question with any accuracy, we would have to know ALL the facts of the charge, which we naturally do not have. I can offer the following GENERAL advice:
Yes, you must either file a response or make an appearance at the designated time (some states require an answer first, then appearance). Your response will depend entirely on the facts and what you claim they are. At the hearing, you can STATE your relevent facts.

"Because I am not good at English, and someone told me that on the trial, the judge will not allow defendant to read the prepared statement."
*** The court will probably allow you to read a statement that YOU created yourself, but not if it was written by someone else. Further, you will need to be able to answer any questions asked of you by the court or the plaintiff.
 
B

Belle81

Guest
JETX please help me!

Thank you for your advice, JETX.
I hope you could give me some advices. Thank you.


The plaintiff is suing me for "Indebted to the plaintiff for the sum of $1579". We rented a car and had an accident, the person, who rents the car, and I had mediation. We came to settle an agreement that I paid her the sum of $1750. I also recognized there is a sentence "Each party shall consider the dispute as fully settled, and accordingly, release and forever discharge one another from any and all claims arising out of this dispute." This is the reason why I denied paying on 2nd mediation, which is regarding to an extra payment.

When the renter and I have mediation, the plaintiff, also the third party did come to the mediation. I didn't talk to her but I was pretty sure that she heard something from the renter and mediator that I denied to pay. Short after then, she filed this claim.

My point is, I don't know and I don't care what happened after we settled the agreement, I only concern if I do fulfill the agreement. The plaintiff paid the renter "to help" by her accord. Then now she filed the claim and asked me to "give back her money".

1***There's no written agreement among the plaintiff, the renter and I about how much should each party paid (the only agreement is between the renter and I, plaintiff wasn't involved), is it possible to use this against the plaintiff?

2***If I use "the plaintiff paid the money by her accord" to against the plaintiff, can I? Because there's nobody force her "to help for the rest of amount".

3***What if I use the sentence regarding to "release and forever discharge one another from any and all claim"? Although they two use different ways for asking money from me, it's still the 'same event'. Once if I paid, can it be considered as "a claim arising out of the dispute"?
 

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