Legal Question in Business Law in Ohio

What for needs to be filed for court

My Father-in-law has to submit an answer in court regarding a case filed against him by an old employer saying he signed a Non-Compete form. He didnt have enough money for his lawyer so he needs to submit his answer himself. If you could tell us what form he has to submit and how it needs to be written I would really appreciate it. We are running out of time so please respond as soon as possible.


Asked on 9/12/99, 1:46 pm

1 Answer from Attorneys

Steven Hill Steven A. Hill, Attorney at Law

Re: What for needs to be filed for court

By all means, do not let the deadline pass without

filing an answer.

Please reconsider having your attorney file this.

If your current attorney cannot, perhaps another

in your area may for a reasonable fee. If not done

correctly, your father-in-law may lose by default.

If you must do it without an attorney, please

consider following these principles:

1. On your answer, use the same "caption" as used

in the complaint. That is the part that names the

court and the plaintiff.

2. After that, start your answer with something

like this:

Now comes defendant to answer plaitiff's

complaint.

3. Then, after reading each allegation of the

complaint, make a decision as to one of the

following:

a.) deny it,

b.) admit it, or

c.) decide that you don't have enough information

to answer, or that the allegation is so

vague that you cannot answer it.

4. Take each allegation, and respond:

Defendant [pick one: admits, denies, cannot answer for

insuffient information] the allegations contained

in paragaph XX of the complaint.

5. Address EACH AND EVERY ALLEGATION. Otherwise,

the court may consider that you admit it.

6. Add a final catch-all statement:

Defendant expressly denies each and every

allegations, contained in the complaint, not specifically

admitted.

7. Sign your answer, and add this after your

printed/typed name:

[printed name], Pro Se

That tells the court that you are not represented

by an attorney. The court MAY give you some consideration.

These are general suggestions, and not really

legal advice. An attorney should really take a

look at complaint and the facts. The final answer

would be reviewed and tightened up before filing.

I wish you well.

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Answered on 9/19/99, 6:53 pm


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