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About Brillianthoney

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    CIC Member


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    Central Florida
  1. if an entity is ordered by the court to perform an act within 30 days or their case is dismissed; files an appeal with appealate court on day 25; subsequently files a volunatry dismissal of the appeal 3 months later; performs court ordered axn during the appeals process but after the deadline (30 days) given by court order; then files a motion to proceed--(1)Does their filing a voluntary dismissal negate the tolling of time during the appeals process? (2)I am assuming time was tolled during the appeals process. Was it? (3) any caselaw on this?
  2. Here is the background, Summons, and my questions; Sometime in Sept 2002, I called OC twice asking for the breakdown of the costs and what the vehicle sold for etc. after receiving untimely notice of sale (car auctioned off after Aug 2002). I don't have dates for these calls, wasn't that cognizant at the time to write them down just figured OC didn't really have to tell me anything since they did not send me any info. Deficiency balance given as $7506. I then sent them two letters by certified mail in Jan 04 and Feb 04 (after finding CIC) requesting they explain to me in writing how they figu
  3. Any comments/critiques on the arguments below appreciated. I know there are many typos and will clean them up tomorrow. CONTINUED/ADDITIONAL ORAL ARGUMENTS FOR MOTION TO ORDER PRODUCTION OF DOCUMENTS HEARING <is this titled correctly? 1. The production of documents sought are within the scope of permissible discovery in that they are relevant to the subject matter of this action because the documents are the basis of the Plaintiff’s Quantum Meruit Count, Unjust Enrichment Count, and Breach of Contract Count in the suit brought against Defendant. 2. The elements of a cause of action for b
  4. i downloaded and printed out a copy of the florida rules of civil procedure. although it explains various types of counterclaims, it doesn't state how much time they have to respond. no resource i have found yet on fl civil counterclaims does.
  5. Is it necessary for a plaintiff to formerly respond to a defendant's counterclaims in Florida civil court? If so, how long do they have to respond? If they have passed the time limit, am I permitted to file msj on the counterclaims? Finally, is there a good manual for all the little ins and out of FL civil procedure that I can buy? I can find tons of info on the general stuff, but it is the little questions about practical matters I often find hanging me up.
  6. DocDon, Fraudfighter specifically wanted me to have you to answer the two questions I have asked above in this post. Please explain it to me like I'm 10 years old--I've been in and out of the hospital over the last two weeks including today with my pregnant daughter who is expecting my first grandchild in four weeks and I'm working really hard not to let life frazzle my brain.
  7. I used Copppola vs. Arrow and Kimbro vs IC System. The jdb attorney kept arguing they weren't relevant to the debt collection suit. He said Coppola might have some relevance if I were suing the jdb for fdcpa violations (I am countersuing them but failed to mention that during the motion hearing will do so when submitting arguments) but since they were suing me Coppola wasn't relevant. He then told the judge he couldn't find any relevance for Kimbro whatsoever and that I was uninformed about the law. His main points was that knowing the amount jdb paid for the debt was irrelevant and even if
  8. I have ten days to submit more arguments for a motion to compel production. I have asked the jdb for documents showing amount alleged debt was purchased for. jdb refused based on relevance and trade secret. 1. How is this info(amt paid for debt) relevant to the debt the jdb is attempting to collect? Caselaw? 2. Even if I know what they paid for the debt, why wouldn't I owe the jdb the full amount for the debt (like I would the oc) if the debt was assigned to them? Caselaw? These are the two questions the judge asked me a couple of times? I need a very strong argument for number 2.
  9. I rechecked the civil rules and called ask the clerk of courts what was noted in the file on the hearing. Note files state the judge allowed me to amend my request for production. I also remember her stating plaintiff would have the requisite number of days to comply and if they didn't to bring it to the court's attention. Therefore, I am making another motion to compel and this time I will include sanctions. Should any wording be changed in the 2 paragraphs below? 5. On XXX, 2005 during the Motion For Order To Produce Documents hearing, counsel agreed with the Honorable Judge's statement
  10. Since the judge told asset to tell me how much they paid for the debt after I filed an amended motion for production, can I file a motion to compel production and sanctions for the amended motion I sent and assset hasn't answered. Of course, I will asked to be reimbursed for the time it has cost me away from my research and since I am filing another motion, have to prep for the hearing on this second motion and attend the hearing for the second motion, I think that will take me up to about 20 hrs @ $200/hr.
  11. Can I include as part of sanctions the time it cost me to prepare the motion; prepare for the hearing; attend the hearing. A main part of my regular job is research. My starting charges would be $200 per hour for doing my type of research for someone else or say leading a seminar teaching others to do what I do. As a pro se novice, I spent a total of 15 hrs in the courthouse library, online, and typing to take care of this matter. Would this fly with this court? Doing this is taking away from my own research time which is vital in keeping my job as well as advancing my career.
  12. I will file the motion for sanctions. As I am looking over the form I have from a FL Civil Procedure book, it list specific sanctions, such as how much it cost me to file the motion itself and the $ amount it cost to obtain the production of the documents. I don't think I have any of those costs so what types of sanctions would I ask for. I don't know if I would want to preclude what they paid for it as according to what I've read on this site and AOC it seems it would be much less than the $2000 I was offering them to settle. Now I am only offering mutual dismissal with them deleting all
  13. I had a motion to compel production hearing whereby the judge ruled that Asset needed to give me documentation showing what they paid for my alleged debt after I amended my motion to compel so that it clearly asked for it. It has been 31 calendar days since I mailed the amendement so they have four left to get the info to me. I don't think they are going to send it. The judge said if they didn't respond to bring it to the court's attention. Not obeying the judge's order puts them in contempt of court right? What do I title the document I file to bring this to the judge's attention and wha
  14. Below is the settlement offered I and Asset have agreed to. Are there any loopholes in it for Asset? I am paying with the understanding that they will dismissa with prejudice (they cannot refile) and that all tradelines associated with this alleged debt will be deleted by Asset. Have I covered all my bases? The offer below is made in the spirit of compromise and goodwill only and is not an admission of any obligation to Asset Acceptance LLC and cannot be used as evidence in any legal action to enforce the alleged debt. This Agreement is entered into on the date below between Creditor, and