Defendant9

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About Defendant9

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    FLORIDA
  1. There are not benchbooks for all areas, but you can find information here: http://www.flcourts.org/gen_public/courted/references.shtml Here is a link to the Foreclosure Benchbook: http://mattweidnerlaw.com/blog/wp-content/uploads/2010/11/Foreclosure+Bench+Book+-+07-10.pdf Here is a link to the criminal law benchbook: http://www.davidsilverman.com/Criminal%20Law%20Bench%20Book.htm The Florida Attorney General has a website How to Protect Yourself: Debt Collection here: http://myfloridalegal.com/pages.nsf/main/7cd1ef6dd790c14685256cc900560bd6!OpenDocument Here is a link to the Pro Se Appellate Handbook: http://prose.flabarappellate.org/toc.asp If you are going to trial in Florida you may be interested in the Compendium of Standards of Operation and Best Practices for Florida's Trial Courts which can be found here: http://www.flcourts.org/gen_public/court-services/compendium.shtml If you need information from any County Clerk of the Court you can find it on My Florida Clerks: http://www.myfloridaclerks.com/ There is a central site for Official Records requests at My Florida County: https://www.myfloridacounty.com/official_records/index.html
  2. Getting competent legal counsel is the way to go.
  3. Did you contact the bank and ask for a copy?
  4. As I mentioned elsewhere, if you can visit your local law library you can ask for the civil practice manual for your jurisdiction. In this book, or online, you will find all the rules PLUS sample forms of how they are used and also the leading case law you can cite in support of you motions or requests. Good luck...
  5. Yes, but if he gets a dismissal for lack of service the original tolled date is lost. It would seem they cannot refile since the SOL is now past. OP need to consult a FL litigator to learn if the plaintiff has any tricks that would allow him to reach back within the SOL.
  6. Dismissal is without prejudice. P can refile within SOL. The 120 limit is a policy rule that encourages plaintiffs to prosecute their cases. Filing a dismissal will not allow you to escape the action since P can always refile and serve you IF within SOL. Since you are past SOL it would seem that failure to serve you may allow you to get this dismissed and P could not refile because the transaction is past SOL. Check with FL lawyer.
  7. In addition to office supplies locate a copy of the lawyers civil practice manual for your jurisdiction. This is a book attorneys use. It has all the forms you need for pleadings, defenses and motions. In addition, it cites the lead cases for the type of motion you are doing, e.g. using SOL as an affirmative defense. It is essential to cite controlling cases in your motions. Basically, it has all the rules of civil procedure with sample text of how to use them. This is very valuable. You should find this at you local law library. You might find a used copy online but they are still going to cost around $150. Go to your state supreme court's website and get a copy of the civil rules and also the model jury instructions. The civil jury instructions also layout the law for your state. These are free. Also, get a PACER account. There are tons of resources. Use them.
  8. You should avoid being too clever. This type of denial is called a "negative pregnant." If you deny owing $100.00 you leave open the possibility you owe a different amount. Such denials may be viewed as evasive; the result being that the denial is deemed ineffective to deny plaintiff's allegations. It is all part of the law game. When you're playing in the other guy's house you better know the rules. Research your court's local rules and understand pleadings in your jurisdiction. This is all about civil procedure. If you understand CP, then you have a shot at winning.
  9. Capital One Bank, N.A. v. Spicer, No. 2009-774, COMMON PLEAS COURT OF CENTRE COUNTY, PENNSYLVANIA, 2009 Pa. Dist. & Cnty. Dec., August 6, 2009, Decided OVERVIEW: A credit card issuer's attachment of an unsigned, undated customer agreement was insufficient to meet the pleading requirements of Pa.R.C.P. No. 1019(i) with respect to its action against a credit card holder, seeking to collect on a credit card debt; 12 C.F.R. § 202.12 did not excuse the requirement of attachment of a signed, written agreement. =============== Resurgence Fin, L.L.C. v. Lawrence, NO. 01-08-00341-CV, COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON, 2009 Tex. App., October 8, 2009, Opinion Issued OVERVIEW: Creditor that failed to attach the parties' credit card contract to its petition alleging unpaid credit card debt was not entitled to judgment based on the debtor's failure to file a verified denial because a credit card collection suit, when the card's issuer did not provide goods or services, was not a suit on account under Tex. R. Civ. P. 185. ================== Centurion Capital Corp. v. Druce, 29303/06 , CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY, 2006 NY Slip Op 26521; 14 Misc. 3d 564; 828 N.Y.S.2d 851; 2006 N.Y. Misc., December 21, 2006, Decided OVERVIEW: Trial court granted the alleged debtor's motion to dismiss the assignee's complaint seeking to recover a debt owed under an alleged credit card agreement; the assignee was a debt collection agency under Administrative Code of the City of NY § 20-489(a) and could not collect because it was not licensed as such. ===================== MBNA Am. Bank v. Straub, 5138 CVN 2006 , CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY, 2006 NY Slip Op 26209; 12 Misc. 3d 963; 815 N.Y.S.2d 450; 2006 N.Y. Misc., May 25, 2006, Decided OVERVIEW: Petition to confirm a credit card debt arbitration award under N.Y. C.P.L.R. 7510 was denied because no agreement with an arbitration clause had been tendered, there was no supporting affidavit establishing that any such agreement was binding, and the notice of the arbitration and of the award had not been served as mandated by N.Y. C.P.L.R. 7506. ====================== Young v. Am. Express Co., No. 06-01-00035-CV, COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANA, 2001 Tex. App., October 25, 2001, Submitted , October 26, 2001, Decided , PURSUANT TO THE TEXAS RULES OF APPELLATE PROCEDURE, UNPUBLISHED OPINIONS SHALL NOT BE CITED AS AUTHORITY BY COUNSEL OR BY A COURT. OVERVIEW: Court erred in granting summary judgment in action to collect credit card debt brought as sworn account based on cardholder's failure to file sworn denial as sworn account provisions of rule of civil procedure did not apply to credit cards.
  10. ...there are many on the net...just google. I would post some links but do not have privileges on this forum.
  11. The person picking up their mail at the PO would have to sign for it. Why is this a concern?