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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 lawyer go over how little they actually needed to win since I hadn't objected to their claim previously I figured it was worth the cost of the attorney to not deal with the headache of doing it myself.
  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 action for damages less than $xxxx 2. Defendant obtained and used a xxx revolving credit account, xxxxx0000 3.Plaintiff is the successor in interest of said account having purchased said account in good faith, for value, and in ordinary course of business. 4.Defendant did not make payments and charged same to account, but after statements were provided to defendant, defendant failed to make the monthly payments due upon the account and failed to object to the balance then owing, resulting in an account stated sum of $xxxx 5. Plaintiff has declared defendant to be in default and demands payment of the balance due on the account. Defendant has refused said demand. 6. Defendant is indebted to plaintiff in the sum of $xxx with interest since xxx 7. All conditions precedent to this action have occurred. 8. Pursuant to rule 2.516 plaintiff designates the following email address for the purpose of service of all documents required to be served in this proceeding pursuant to rule 2.516 in this proceeding...
  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. Feeling a little overwhelmed by all of this I set up a consultation with an attorney for next week as I don't want to make the wrong move and screw myself. Not sure if it will be financially feasible, but we shall see. I just need them to dismiss like the last time, then the SOL will be up for sure if it isn't already under the choice of law provisions.
  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 like an idiot. Any help from anyone who is knowledgeable on the subject would be greatly appreciated!
  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. 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 you think you were being sued? None 9. What state and county do you live in? Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Within SOL by a little under a year 11. What is the SOL on the debt? To find out: 4 years in FL I believe 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Attended pre-trial, denied their claim and scheduled a trial date. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No answer was required as it is was immediately set for pre-trial in Small Claims Civil Court. I went to pre-trial at which point I denied their claim and asked to proceed to trial. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ComplaintAffidavit from their custodian of recordStatement of account on JDB letter headForward Flow Receivable Sale Agreement from XX Bank that does not mention me specifically just a file number with price of purchase redactedone statement from cc account with no charges, payments, etc only past due fee and interest chargedSheet with designation of email address they would like to be served with documents. I'm looking for advice on what my next move should be . At this point I've appeared at Pre-trial. Prior to the pre-trial the JDB attorney called me aside to offer a payment plan. I basically responded with I have no relationship with this company and will wait to speak with the judge. When the judge addressed the court before people were called he said you could work with the mediators to work out a payment plan or deny the claim and request to proceed to trial. I denied the claim and requested a trial date. I basically said that I have no relationship with this company, they are claiming to have purchased an account belonging to me, but have provided no signed contract or statements showing any activity or purchases by me. He asked if I was denying the account with XXX Bank and I said yes, there is nothing confirming that account belongs to me. He then addressed their rented-attorney and said maybe if you guys could provide defendant with what is being asked for then this can be resolved before trial, but it wasn't a direct order to give me anything. From a little online reading I guess my next move should be interrogatories and discovery, is that correct? Also worth noting this same JDB tried to sue me before I showed up at pre-trial basically said something to a similar effect and requested trial. Then about 2 weeks before trial they filed a dismissal without prejudice. Last time they had less paperwork included with the summons. Since this is the second go around I figure they may try a little harder. Any help or advice is greatly appreciated. Considering talking to an attorney, but would hate to pay for one only to have them dismiss again then re-file later. Does anyone know how many times they can do that in FL before its considered harassment?