Legal Question in Civil Litigation in Ohio

I get SS and a small military pension from wartime injuries. They don't pay all the bills so my wife and I run a small store in Southern Ohio. We don't make much because there is a bunch of small stores in the small town we live in. Last year we cleared less than $17,000.00 between us. I list this information so you can see why I need free advise.

A few months ago we caught, on camera, a lady stealing. We had caught this same lady 8-9 times before over the last 10 years. I sent her a letter reminding her that her actions were theft per Ohio law and that she needed to pay for what she took plus a small fee set by the law. She had always paid in the past. She called and said she mioght file bankruptcy. I told her I didn't think theft was dischargabke through bankruptcy and she agreed to come in her next payday and pay.

She showed up on the date promised but wanted to pay a small part then small payments over time. I told her I wouldn't agree to that. She got loud and mad and said she wouldn't pay at all then so I told her I ciouldn't make her pay but I could file a legal complaint. She stormed out. A few days later though, she sent the full amount owed by letter.

A few weeks ago I got a letter from a local attorney saying he represented her and that I had humiliated her by calling her a thief; had slanered her reputation and had harassed and abused her. His letter included a copy of a suit he threatened to file unless I paid him several thousands of dollars. I wrote back that i did none of the things he accused me of and I wouldn't pay him anything (the attitude the lady had exhibited was what he was accusing ME of. Actually, the more pugnacious she had become the calmer I had been) Well, a couple days ago he sent me a letter saying I had been sued, he was requsting a jury trial, and I needed to respond or call him to negotiate.

I mentioned, at a charity cardgame with several other business owners, that I had been sued by this attorney and one said he had been sued as well by the same guy under similar circumstances. I told him I planned to simply tell the truth and point out that the lady had taken things before. He said he had been sued under circumstances that mirrored mine and that was what he tried to do. He said the attorney had filed a motion with the court to limit what testimoney he could give preventing him from bringing up past actions of the other side and the court agreed. He says he had ended up settling because it seemed every day the attorney upped his fees and it reached a stage where he had to either hire his own attorney (with no guarantee of winning) because of the legal mumbo-jumbo or settle.

After all the above, here's my only legal question. If I get a "motion to limit" what evidence or testimoney I can present to get the jury to understand the real situation, how should/can I respond?


Asked on 1/17/10, 6:47 am

1 Answer from Attorneys
Harold Paddock Harold Paddock Co. LPA

You have a complicated situation, so here are some generalized bits of advice: (1) consult with a local attorney. He/she will know the local judge and opposing counsel and can tailor a defense that is proper and professional, (2) file an answer with the court to avoid a default judgment, (3) in defamation cases, truth is a defense. If you can prove your version of events, that is a defense to her clam that you spread false information about her, (4) there may be claims where "truth is a defense" does not apply, so consulting an attorney is important, and (5) a motion in limine (a motion to exclude certain improper evidence) usually occurs right before trial, so you can generally use all evidence in preliminary matters with the judge, but again consult with an attorney to make sure you are protected in those preliminary matters.

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Answered on 1/22/10, 7:35 am


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