INSTRUCTIONS FOR PRO SE ANSWER AND REQUEST FOR DOCUMENTS

CREDIT CARD CASE

1. Attached is a sample answer and request for documents that you can use to file in response to a credit card collection case.

2. On the answer, follow the instructions on filling in the answer.

! In paragraph 1 of the answer, circle whether or not the credit card is one you think you had at some point (you will need to circle is if you think you had the card or circle is not if you don=t recognize and don=t think you had the credit card). It is important that you are truthful with the Court so if you know you had the credit card, you should circle Ais@ and if you don=t recognize the credit card, circle Ais not@. Be sure and fill in the date you are going to mail a copy of the Answer to the Plaintiff=s attorney.

! Sign this in front of a notary so it can be like evidence in your case.

! Make 3 copies of your answer after you have filled it out and signed it in front of the notary.

! After you have filled your answer out and signed it, you must send a copy to the Plaintiff=s attorney. You must do this within 28 days of the day you received the complaint and then don=t forget to take it to the court for filing. For instance, if you got the complaint by certified mail on April 1, you will need to mail your answer to the other attorney by April 29 and file your answer with the Court within 3 days of doing that.

3. On the Request for Documents, follow the instructions.

! You should fill out the Request for Documents. Be sure and fill in the date you are going to mail the request to the Plaintiff=s attorney.

! Make 1 copy of the request for documents after you have filled it out.

! Mail the original Request for Documents to the Plaintiff=s attorney.

! Keep a copy for yourself so you can show the Court what you sent to the other attorney.

! You should wait 28 days and see if they send you your materials.

4. If the other side sends you a request for information or written questions, BE SURE TO answer the questions within 28 days. You could call back for advice on what to say. Just be sure, no matter what, that you always write or tell the Plaintiff=s attorney that you do not know if you owe the amount requested because you don=t have the documents or accounts to show what you owe

IN THE __________________________________________COURT

___________________________COUNTY, OHIO

____________________________________,

Plaintiff, Case No. ____________________

vs. Judge ______________________

____________________________________,

Defendant(s). ANSWER TO COMPLAINT

Now comes the Defendant(s) and states as follows:

1. I (we) have had credit cards in the past and the credit card identified in Plaintiff=s

complaint

is / is not a credit card that I(we) recognize.

2. Even if it were my (our) credit card, I (we) do not believe that I (we) owe the amount

requested and generally deny that I (we) are in default without seeing an accounting.

3. Without an accounting, I (we) can not determine what else to plead on this account.

4. I (we) have sent a request for documents to the Plaintiff=s attorney to get the

documents and see what these charges are for.

5. I (we) deny each and every other allegation in the complaint.

__________________________________

__________________________________

__________________________________

__________________________________

Sworn to and subscribed before me this ___________ day of ________________,

20__________ by ___________________________________.

_______________________________________NOTARY

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Answer was served on _______________

____________________________, counsel for Plaintiff, ________________________________

______________________________________________________________________________

_______by mailing a copy via regular U.S. Mail this ______ day of

_________________,20______.

____________________________________

IN THE _________________________________________COURT

___________________________COUNTY, OHIO

____________________________________,

Plaintiff, Case No. ____________________

vs. Judge ______________________

____________________________________, REQUEST FOR PRODUCTION OF DOCUMENTS

Defendant.

To the Plaintiff:

Pursuant to Ohio Civil Rule 34, you are requested to serve response to the following

request for admissions and request for production of documents within twenty-eight days of

service and that such documents be produced at : _________________________________.

A. INSTRUCTIONS

All information is to be divulged which is in your possession or control or within the

possession or control of your attorney, investigator, agent, or other representative.

ADocuments@ as used herein, refers to all writings, of any kind, that are or have been in

your possession, control or custody or available or accessible to you, of which you have

knowledge whether originals or copies. Such writings shall include, but are not limited to, notes,

letters, forms, bank statements, tax returns, computer printouts, or pay stubs, or other written,

printed or handwritten matter or tangible things on which words, phrases, symbols or information

are recorded. You may satisfy the request by attaching a duplicate original [See, Ohio Rule of

Evidence 1001(4)] of the front and back of each document, to your response to these requests.

Label each such copy supplied with the number of the request under which is supplied.

If any document requested was, but is no longer, in the possession or subject to your

control, or in existence, state whether it: (a) is missing or lost; (b)has been destroyed; (c) has

been transferred, voluntarily or involuntarily, to others; or (d) has been otherwise disposed of, and

in each instance explain the circumstance surrounding such disposition, giving the date or

approximate date, and the names and last known address of the persons with knowledge of such

circumstances.

More than one paragraph of this request may ask for the same document. The presence of

such duplication is not to be interpreted to narrow or limit the normal interpretation placed upon

each individual request. Where a writing is responsive to more than one numbered request herein,

only one copy need to produced, unless the copies are different because of marginal or

handwritten notations or markings.

Provide a legible copy of the original, both front and back if applicable, and attach it to

your return of these requests. Label each such copy supplied with the number of the request

under which it is supplied.

You are under a continuing duty to seasonally supplement your responses to the questions

put to you and to produce for inspection and copying any document requested which is non-

existent or unavailable to you at the time you submit your responses, but which comes into

existence or becomes available to you at any time prior to hearing or trial in this case.

B. Document Requests

1. The Plaintiff=s complete file maintained by Plaintiff regarding the present claim

against the Defendant, including but not limited to all notes, contracts, copies of letters, logs,

accounts, ledgers, applications and interview forms.

2. Copies of all written agreements, letters, memoranda or other writings which, in any

way, relate to the terms of the account alleged in the Plaintiff=s Complaint.

3. Copies of any and all documents in Plaintiff=s possession or control, signed by

Defendant or anyone purporting to act for Defendant.

4. Copies of any and all correspondence between Plaintiff and Defendant or any person

acting on either Defendant=s behalf.

5. Any and all documents upon which the Plaintiff relied in drafting its Complaint.

6. Any and all documents used to arrive at the amount alleged in paragraph ______ of the

Plaintiff=s Complaint.

7. Any and all documents which the Plaintiff plans to introduce at trial.

__________________________________

__________________________________

__________________________________

__________________________________

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Request for Production of Documents

was served on ________________________________________________, counsel for Plaintiff,

______________________________________________________________________________

__________________by mailing a copy via regular U.S. Mail this ______ day of

_________________,20____.

____________________________________

1DEALING WITH DISCOVERY- Interrogatories -

- Requests for Production of Documents -- Request for Admissions -

Before a case goes to a hearing, both sides can ask each other questions. This is called “discovery”. Some discovery is done in writing. Examples are:

“Interrogatories” (please answer these questions in writing)“Requests for Production of Documents” (please give me copies of your paperwork)“Requests for Admissions” (please tell me what you admit)

If you get any of this kind of written discovery, you should write down your answers and mail them back to the person who sent them within 28 days.

Interrogatories: If you get Interrogatories, you need to write down your answers to the questions. Usually there is a blank space under each question. Write your answer in that blank space. If you don’t understand a question, write “I don’t understand this question.” If you don’t know the answer to a question, write “I don’t know the answer to this question.” Don’t make any guesses. Only write down what you know is true. When you are done, you may have to sign your answers in front of a notary. Once you’ve signed them, make a copy to keep for your records. Then mail the Interrogatories back to the person who sent them to you. Try to do this within 28 days of the day you get them.

Request for Production of Documents: If you get Requests for Documents, you should make copies of the documents they ask for. If they ask for something you don’t have, write “I don’t have these.” Don’t send originals, just copies. Then mail them to the person who asked for them. Try to do this within 28 days of the day you get them.

Request for Admissions : If you get Requests for Admissions, you need to say if you admit what they say. For example a request for admission might say: “Admit your wife went to prison in 2001 for burglary”.

If this is true, write “Admit.” If it is not true write “Deny”. If it is partly true, explain what is true and what isn’t: “She went to prison, but it was not for burglary”. If you don’t know if it’s true, write: “I don’t know if that is true.” When you are done, make a copy for your records. Then mail the Requests for Admissions back to the person who sent them to you. You must send your answered Requests for Admissions back within 28 days of the day you got them. If you are late or don’t answer the Requests for Admissions, the court can rule that you admitted everything.

OHIO EXEMPTIONS LISTAs of April 1, 2013

Ohio Revised Code §2329.66 protects the following assets, property, and income from collections:

ASSET AMOUNT PROTECTED (up to)Homestead (property owned as residence) $132,900Personal Earnings 30 times federal minimum wage or 75% of

disposable earningsVehicle $3,675Money (cash on hand/in bank) $450Jewelry (one piece) $1,550Items of personal property $12,250 (no item exceeding $575)Property for business purpose $2,325Damages from personal injury lawsuit (not including pain and suffering)

$23,000

Benefits from accidents or health insurance Anything reasonably necessary to support the debtor and his/her dependents

Social Security, SSI, Disability, Child Support, OWF, Unemployment compensation

All

Pension, Annuity, Retirement Anything reasonably necessary to support the debtor and his/her dependents

SAMPLEDONOTUSE

IN THE ________Fill in the name of the Court_____________________COURT _______Fill in the name of the county____________________COUNTY, OHIO

_Fill in the name of the Plaintiff as it is on your papers__,

Plaintiff, Case No. Fill in the case number_

vs. Judge __Fill in the Judge = s name__

_Fill in the name of the Defendant as it is on your papers__, ANSWER TO COMPLAINT

Defendant.

Now comes the Defendant(s) and states as follows:

1. I (we) have had credit cards in the past and the credit card identified in Plaintiff=s

complaint is / is not (circle the one that applies to you) a credit card that I(we) recognize.

2. Even if it were my (our) credit card, I (we) do not believe that I (we) owe the amount

requested and generally deny that I (we) are in default without seeing an accounting.

3. Without an accounting, I (we) can not determine what else to plead on this account.

4. I (we) have sent a request for documents to the Plaintiff=s attorney to get the

documents and see what these charges are for.

5. I (we) deny each and every other allegation in the complaint.___Sign your name_____________________Print your name________________________

__Fill in your street address_______________

__Fill in the city, state and zip code___________

Sworn to and subscribed before me this _______ day of _Leave blank for the notary to fill in_, 20__________ by ___Leave blank for the notary to fill in___.

______Leave blank for the notary to sign____________NOTARY

SAMPLEDONOTUSE

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Answer was served on _____Fill in the

name of the Plaintiff = s Attorney ____________, counsel for Plaintiff,______Fill in the

Plaintiff = s Attorney = s____Address________ ___________________________________by

mailing a copy via regular U.S. Mail this ______ day of _________________,20_____.

______Sign your name_____________________

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SAMPLEDONOTUSE

IN THE ________Fill in the name of the Court_____________________COURT

_______Fill in the name of the county____________________COUNTY, OHIO

_Fill in the name of the Plaintiff as it is on your papers__,

Plaintiff, Case No. Fill in the case number_

vs. Judge __Fill in the Judge = s name__

_Fill in the name of the Defendant as it is on your papers__, REQUEST FOR PRODUCTION OF DOCUMENTS

Defendant.

To the Plaintiff:

Pursuant to Ohio Civil Rule 34, you are requested to serve response to the following

request for admissions and requesxt for production of documents within twenty-eight days of

service and that such documents be produced at: Fill in the Address where you want the documents sent (usually

your home)__.

A. INSTRUCTIONS

All information is to be divulged which is in your possession or control or within the possession or

control of your attorney, investigator, agent, or other representative.

ADocuments@ as used herein, refers to all writings, of any kind, that are or have been in your

possession, control or custody or available or accessible to you, of which you have knowledge whether

originals or copies. Such writings shall include, but are not limited to, notes, letters, forms, bank

statements, tax returns, computer printouts, or pay stubs, or other written, printed or handwritten matter or

tangible things on which words, phrases, symbols or information are recorded. You may satisfy the

request by attaching a duplicate original [See, Ohio Rule of Evidence 1001(4)] of the front and back of

each document, to your response to these requests. Label each such copy supplied with the number of the

request under which is supplied.

If any document requested was, but is no longer, in the possession or subject to your control, or in

existence, state whether it: (a) is missing or lost; (b)has been destroyed; (c) has been transferred,

voluntarily or involuntarily, to others; or (d) has been otherwise disposed of, and in each instance explain

the circumstance surrounding such disposition, giving the date or approximate date, and the names and last

known address of the persons with knowledge of such circumstances.

More than one paragraph of this request may ask for the same document. The presence of such

duplication is not to be interpreted to narrow or limit the normal interpretation placed upon each individual

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SAMPLEDONOTUSE

request. Where a writing is responsive to more than one numbered request herein, only one copy need to

produced, unless the copies are different because of marginal or handwritten notations or markings.

Provide a legible copy of the original, both front and back if applicable, and attach it to your return

of these requests. Label each such copy supplied with the number of the request under which it is

supplied.

You are under a continuing duty to seasonally supplement your responses to the questions put to

you and to produce for inspection and copying any document requested which is non-existent or

unavailable to you at the time you submit your responses, but which comes into existence or becomes

available to you at any time prior to hearing or trial in this case.

B. Document Requests

1. The Plaintiff=s complete file maintained by Plaintiff regarding the present claim against the

Defendant, including but not limited to all notes, contracts, copies of letters, logs, accounts, ledgers,

applications and interview forms.

2. Copies of all written agreements, letters, memoranda or other writings which, in any way, relate

to the terms of the account alleged in the Plaintiff=s Complaint.

3. Copies of any and all documents in Plaintiff=s possession or control, signed by Defendant or

anyone purporting to act for Defendant.

4. Copies of any and all correspondence between Plaintiff and Defendant or any person acting on

either Defendant=s behalf.

5. Any and all documents upon which the Plaintiff relied in drafting its Complaint.

6. Any and all documents used to arrive at the amount alleged in paragraph ______ of the

Plaintiff=s Complaint.

7. Any and all documents which the Plaintiff plans to introduce at trial.

___Sign your name_____________________Print your name________________________

__Fill in your street address_______________

__Fill in the city, state and zip code___________

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SAMPLEDONOTUSE

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Request for Production of Documents

was served on _____Fill in the name of the Plaintiff = s Attorney ____________, counsel for

Plaintiff,______Fill in the Plaintiff = s Attorney = s

Address__________________________________________by mailing a copy via regular U.S.

Mail this ______ day of _________________,20____.

______Sign your name_____________________

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