Fighter123

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About Fighter123

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  1. I just wanted to add to this, it was originally my post. I ended up hiring an attorney and the JDB agreed to a "mutual release" and the case was dismissed with prejudice. My attorney signed on and filed a counter-suit for attorney fees and sent requests for discovery and interrogatories, which pretty much sealed it for them. They didn't want to actually have to fight the case they just wanted me not to fight or make a mistake without a lawyer, so they could get a judgement. The main reason I decided to go with a lawyer was because it was an account stated suit and after listening to the law
  2. No worries. I may still need all that info at some point. Thank you for taking the time to respond!
  3. Thanks! I know I read in the rules regarding if I initiate discovery then they can too, but if I don't then they can't since I'm Pro Se. That's why I wasn't sure if that was a smart move or the correct one. If I file a motion to dismiss then do you know how that would work since we already have the next trail date set? Would they offer a new date for that motion to be heard or is that something that the judge would look at and wait for the existing date? The details of the complaint are as follows: Plaintiff sues the defendant for damages and would allege: 1. This is an act
  4. Thanks Shellieh98, there was a lot of useful info on FSUgirl07's thread. I'm going to check out some of the links I found there. I'm hoping my case doesn't end up being as complex as hers From what I read Discovery is an option at this point I just don't know if that's the correct thing to do or if I should be doing something else first. Here's the info on FL Civil Procedure pertaining to discovery. http://floridacivpro.com/rules-1-280-to-1-490/1-280-general-provisions-governing-discovery/ Feeling a little overwhelmed by all of this I set up a consultation with an attorney for next week
  5. Thanks racecar for all your info. I'm still lost on the procedure. I know there are things that they are missing for them to meet the burden of proof and I've read through the rules of civil court for FL, but it all sounds Greek to me since I have no legal background How does one go about approaching what is missing to basically to kill their claim? Would you file a motion or file the discovery and interrogatories to get to that place? Or is it just something you wait and tell the judge at the trial? Sorry for sounding like a complete novice, but I don't want to not be prepared and look
  6. Thanks Nascar, I didn't know this which is why I am soo thankful to have found these forums! The creditor is Capital 1 out of VA. It looks like VA SOL is 3 Years according to a website I found. http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php The date of last payment on my account was March xx, 2010. According to the court website they filed the paperwork about 2 weeks before the three year mark. So my assumption would be that they can proceed then since the lawsuit was filed already correct?
  7. 1. Who is the named plaintiff in the suit? Portfolio Recovery As Assignee of XXX Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) Major CC Company 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before