
Defendant9
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10 GoodAbout Defendant9
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FLORIDA
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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
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Getting competent legal counsel is the way to go.
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Did you contact the bank and ask for a copy?
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Website for JDB to purchase affidavits
Defendant9 replied to antiquedave's topic in Is There a Lawyer in the House
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Questions on Service, Tolling, and Affidavit
Defendant9 replied to Sochd's topic in Is There a Lawyer in the House
Thanks for the information. -
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...
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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.
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Tools of the Trade in the Field of Battle
Defendant9 replied to antiquedave's topic in Is There a Lawyer in the House
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 -
WARNING ABOUT GRADUATED DENIAL AFFIDAVIT
Defendant9 replied to davephx's topic in Is There a Lawyer in the House
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. -
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
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Just got back from my case with capital one
Defendant9 replied to jwoods78's topic in Is There a Lawyer in the House
Very good result. Keep fighting! -
help with motion to compel midland funding llc
Defendant9 replied to kranxel's topic in Is There a Lawyer in the House
...there are many on the net...just google. I would post some links but do not have privileges on this forum. -
New to the forums and have an issue
Defendant9 replied to mendsley's topic in Is There a Lawyer in the House
The person picking up their mail at the PO would have to sign for it. Why is this a concern?