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 H
  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 c
  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. ยง 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 APPE
  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?