Small Claims Question

[seniorjudge]

Is his attorney allowed to call me?

Yes, if you do not have an attorney.

 

[naesatt]

That makes sense....also he has not filed his counterclaim as of yet. Gee, can't wait to get it, it will be like Christmas all over again

 

[naesatt]

Question: When a counterclaim is filed, does it have to pertain to the original claim, or can it be for anything off the subject of the original claim?

 

[seniorjudge]

Q: When a counterclaim is filed, does it have to pertain to the original claim, or can it be for anything off the subject of the original claim?

A: A counterclaim which must be filed (i.e., which pertains to the original counterclaim) is called a mandatory counterclaim; a counterclaim which does not pertain to the original claim is called a permissive counterclaim.

Check your small claims statutes, but the general answer is that mandatory counterclaims must be filed or lost. If permissive counterclaims are allowed, then the person with that counterclaim can either file it in the original action or file a new action.

 

[naesatt]

Ohhhh.....O.K., thanks, can you tell I am anxious?
I have been perfecting my explanation of my contract/breech of contract for the magistrate. At least now I have some time to memorize it instead of reading it from my sheet I typed up.

 

[naesatt]

He Filed A Counterclaim

He finally filed a counterclaim. He denies all claims, of course, and states:
1) Plaintiff's complaint is barred by the Doctrine of Estoppel.
2) Plaintiff's complaint is barred by the Doctrine of Unclean Hands.

Could someone explain this, I did a google search and kind of understand Doctrine of Estoppel, does it mean that I should have known he would be an as* about it if I traded my car in for a car in his name?
I also found the unclean hands definition, and I did nothing underhanded, he is the underhanded person in this complaint, don't they have to list what underhanded deed I did?
He also put into the small claims counterclaim that I got the quit claim deed for our house, see https://forum.freeadvice.com/showthread.php?t=216933, only in the event we got married, this is false, I got the quit claim deed because I would not put out any more money on the house until I got it ( the QCD). I would interpret this as him trying to say it was an "engagement gift" so since we are not getting married I have to give it back. He is asking small claims court to grant him quiet title. He is also asking for a judgment against me for $25,000.00 due to me "depriving him of monetary funds in excess of $25,000.00. That makes me think he tried to refinance the house to get some of the equity out of it (therefore making it worthless to me) and he couldn't without my signature since I filed the QCD. It is my understanding that small claims court only allows a complaint up to the sum of $3,000.00, so how is it the court accepted the counterclaim with the $25,000.00 for him and his attorney?

 

[seniorjudge]

He finally filed a counterclaim. He denies all claims, of course, and states:
1) Plaintiff's complaint is barred by the Doctrine of Estoppel.
2) Plaintiff's complaint is barred by the Doctrine of Unclean Hands.

Could someone explain this, I did a google search and kind of understand Doctrine of Estoppel, does it mean that I should have known he would be an as* about it if I traded my car in for a car in his name?
I also found the unclean hands definition, and I did nothing underhanded, he is the underhanded person in this complaint, don't they have to list what underhanded deed I did?
He also put into the small claims counterclaim that I got the quit claim deed for our house, see https://forum.freeadvice.com/showthread.php?t=216933, only in the event we got married, this is false, I got the quit claim deed because I would not put out any more money on the house until I got it ( the QCD). I would interpret this as him trying to say it was an "engagement gift" so since we are not getting married I have to give it back. He is asking small claims court to grant him quiet title. He is also asking for a judgment against me for $25,000.00 due to me "depriving him of monetary funds in excess of $25,000.00. That makes me think he tried to refinance the house to get some of the equity out of it (therefore making it worthless to me) and he couldn't without my signature since I filed the QCD. It is my understanding that small claims court only allows a complaint up to the sum of $3,000.00, so how is it the court accepted the counterclaim with the $25,000.00 for him and his attorney?

He probably did the goofy counterclaim to get it out of SCC into the regular trial court.

You'll just have to go to court and tell your side of the story.

You really need a lawyer.

 

[naesatt]

I am expecting a good sized check & will pay my attorney to start the partition to sell pronto. My sister said that he was probably trying to get it out of small claims court also My daughter spoke with an attorney where she works and he said sounds clearly like fraud. I do not mind if it gets bumped to a higher court, except for the added expense

 

[naesatt]

Is there any way I can petition to the civil court to obtain evidence that he allegedly has against me in the amount of $25,000.00. Like a motion to obtain evidence, chapter 5, or something like that?

 

[seniorjudge]

Is there any way I can petition to the civil court to obtain evidence that he allegedly has against me in the amount of $25,000.00. Like a motion to obtain evidence, chapter 5, or something like that?

file a motion for discovery

 

[naesatt]

Thank you, I just want to be able to prepare my attorney as thoroughly and as quickly as possible (and I'm nosey too

 

[naesatt]

I have a question about filing for a motion for discovery & a request for Interrogatory statements from the defendant. Is the request for Interrogatory statements too much to ask for in a small claims court, do these have to be two separate requests, or can they be on the same document that I file in small claims court?

 

[naesatt]

Would anyone be willing to read what I have written before submitting it to small claims court? I know it is allot to ask, but HEELP!!

 

[badapple40]

You don't get discovery in small claims in Ohio, except by leave of court (in other words, you would have to ask the judge for permission).

Does he have an attorney? His quiet title action cannot be done in small claims in Ohio per statute -- only the Common Pleas court has jurisdiction over quiet title actions.

Did you file an answer to his action?

Are you certain that he did not transfer the matter to the regular docket of the municipal/county court or to the common pleas court?

 

[naesatt]

If he had the quiet title matter bumped to Common Pleas Court wouldn't I have to notified? Can he do that since I am the one who filed the original complaint? Yes he does have an attorney. Small claims said he can counterclaim with anything he wants and in any amount. How fair is that? Got to follow the rules though....I have written a reply and denials to his allegations. I have not submitted it yet, I was hoping someone would take enough pity on me to read it before I submit it I think it sounds pretty good & I listed all my answers ( to his allegations) in the order they were on in his counterclaim to make things easier on the magistrate. I have a list of interrogatories I would like for him to answer, will small claims allow this. I did call and ask about the discovery request & the clerk said it is up to the magistrate whether or not they would allow it. I have not hired an attorney for small claims yet, waiting on a check to come, should be any day now. If they don't allow his counterclaim to be resolved in small claims court, I do feel confident enough to go to small claims court pro se.