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kanakanaka's Achievements

CIC Member

CIC Member (4/6)



  1. Hmmmm... I've had this happen before and the mediator, in no certain terms, said that should I not do anything about it it 'may happen again'. That being said, what steps would one begin to approach looking into getting it dismissed with prejudice? Could I be shooting myself in the foot by going after this? Is it really ever even worth it? I really appreciate your help in commenting on these ?'s, they've really given me some direction!!! thanks again
  2. thanks for the link, well I just went online to find out some of the info to answer your comments and hit the details portion of my case.. IT says voluntary dismissal as of 5 days ago... I'm still gonna call the courthouse and go in the morning in case there is any trickery in this but I'm curious, don't they have to inform me of changes in the case? if it's listed as voluntary dismissal does that mean that they or anyone else can sue me at another time? Or is there something I can do right now to ensure that this information is removed from credit report and that no one ever bothers me with it again?
  3. thanks for the input.. I have not reviewed the small claims rules... where might I find them.. I live in orange county.. I'm sorry but I don't know what you mean by "cause of action"?
  4. I agree that there us a chance they may not have anthing and am hopeful in that aspect however, I don't quite understand the procedure I should follow if they show anything at all. The suggestion of discovery was made, but how do I approach doing that? Do I just stand up in court if they provide any evidence against me and ask to make a motion for discovery? I don't understand how to approach the procedures while in court... assuming I even need to use them.. Any other comments on courtroom procedure that I should look up?, or suggestions regarding the path I should take? What acceptable means of "proof" might the CA's lawyer use that I should be aware of? I just don't want to look like any more of a fool than I already do? thanks again for the comments!!!
  5. being that i only have a few days before trial can i still perform this procedure? isn't there a time limit on these things?
  6. I recently had a pretrial attendance at the county court for a debt.. I of course didn't admit to it and told them that I had no record of that account, but rather to prove it to me.. I returned 3 months later as the pretrial had been reset to obtain documents (such as a receipt with my name on it, or something with a signature, etc) at which point i was told by the lawyer handling the case that they were still waiting to obtain the said documents. So he immediately set it for trial and I go before the judge in a few days... Now this is the part that scares me.. normally they wouldn't take it to court unless they had something right??? Now assuming they do show it to be mine, what should my next course of action be? Should I request a motion for discovery?, a Bill of Particulars? I know I have a lot to learn in a few days but I didn't know I was supposed to go to court until a few days ago when I looked it up online.. They never sent me anything in the mail, and as I was expecting to get something I looked it up myself... Any help would be greatly appreciated!!! thanks again!
  7. Perhaps I should revise my questions? Does anyone know where I could find Florida requirements for summons activities, and what documents must be provided for in a civil lawsuit regarding credit cards? what classifies as substantial evidence for credit card debt? For example: Should they provide me with anything outside of the original credit agreement with my signature on it, what might those documents be and could they hold up in court? Should I request an impass to see the judge during the mediation if they provide no evidence?? How long does it usually take to see a judge after doing this? I have so many questions and understand no one out there is going to take me by the hand and go to court with me but I need to have someone point me in the right direction please... thanks again
  8. assuming however it's just me and them again in a conference room, and they provide no evidence, what's my next plan of attack? How does it work? I understand mediation is voluntary so at what point do I make a move to set a court date? How would I do that? Still a little confused on the legality of how the summons was served as well? Thanks for the responses again,
  9. My girlfriend received a summons for me in the beginning of February with a court date set for pretrial mediation exactly 26 days after the summons was received... My question is... is that even legal??? Don't I have to receive a summons to be served? What has to be in a summons for it to be valid?? The court date is for tomorrow and I've been through this before.. and beat it.. I plan on not admitting to any of the debt but I"m curious?? What constitutes legitimate proof that the debt is mine? The last time the lawyer said he was gonna provide a receipt showing my signature on it, but would that even be enough to hold in court?? What if I doubt the verity of the signature being mine?? Clearly until anything is tangibly brought before me I'll deny everything as hearsay but I"m curious what to do.. If they fail to provide any evidence at the pretrial should I request an impass to see the judge and request a motion to dismiss with prejudice? Could this backfire and in what way?? Sorry.. I have a lot of questions, would love it if anyone could address the most serious of them... thanks again
  10. Don't mean to hijack this post but after browsing over it I had some questions... "You should check your RCP but, generally, a Plaintiff can dismiss its own case at any time during the action and there is nothing the Defendant can do about it. You could bring forth your own action against the CA and ask that any and all contracts having balances owed to the CA by you be declared null and void along with other statutory damages of the FDCPA." I recently had a mediation trial at which the plantiff, upon finding themselves incapable of finding the proper evidence, dismissed the case without prejudice... However, as I understand it, this still means that they have time to collect the necessary evidence and try again. During which, they are allowed to continue putting it on my credit report.. I did not have to go through any process to get this, just told them at the first meeting that "I neither admit or deny their claims against me".. Is there something I can do to push this through to a dismiss with prejudice or am I stuck waiting for someone to sue me all over again??? Thanks for the help
  11. thanks again for all the input!!! I will certainly do a search for dismiss with prejudice and let you know what I find... thanks again
  12. I appreciate your answers and agree that I am in the clear for now... However, their inability to provide evidence only buys them more time, should they decide to take it. meanwhile they negatively affect my credit report.. I was told that unless the case is dismissed by the judge with prejudice that I still am responsible for this debt.. So regardless of whether or not they can come after me for this money, what steps should I take to nip this in the bud.. I'm not looking to extend their time period of searching for evidence (if there is any), and if there is something I can do right now that will force them to remove it from my credit report I'm all ears... thanks again
  13. well I just returned from mediation and as expected they dropped the case without prejudice for lack of evidence... However this still leaves me concerned as I feel they can still come after me later on,and repeat the whole process.. SO,is there something I should be doing right now to secure any rights I might have, or to ensure that they wont be able to come back after me?? They say they dropped the case... Do I have any opportunity of calling an impass at this point and ask to see a judge so that I can get it dismissed with prejudice??? what are my options?? thanks again
  14. Hi there I have a pretrial mediation hearing for the second time tomorrow for a credit card that is still within SOL within the state of Floida,I am not sure if it is mine, and it is for less than $1500.. at my first meeting I was told that I have an account with Chase and that I owed them money, to which I responded that I did not accept or deny liability for the said account but rather requested that they produce some evidence proving that the account was indeed mine... Now I realize my next move was foolish but it was my first time in a court setting... They responded with a re- pretrial/mediation hearing to be set a month from that date, in which time they would gather and, most likely respond prior to the said date, with so much as a receipt providing my signature on it.. They've yet to provide anything which leads me to the next point. 1) If they fail to provide any means of proof at the next meeting should my next move be to request an impass and set a trial date, as this seems to mean to me that they have nothing??? Or could the time it takes to get a trial date give them enough time to find the evidence they need and get more out me than they would have if I paid them what they said I owed in the first place???? 2) If they provide proof that it is mine should I attempt to settle for half or it too late?? Also the plantiff at the last meeting said he wasn't representing the firm but speaking on their behalf, which souds like a lie to me... Doesn't the party in prosecution have to have full and personal knowledge of the account... ??? Thanks again
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