Jump to content

Saint

Members
  • Posts

    20
  • Joined

  • Last visited

Profile Fields

  • Location
    Florida

Saint's Achievements

Member

Member (2/6)

10

Reputation

  1. It can be done here in Florida. However, it is cost prohibitive in most cases. I have only seen it done once.
  2. Its probably a mill. Have license will file. You see the same method successfully used in run of the mill personal injury firms. Great job on the default!
  3. The party setting the hearing usually has to prepare and serve a Notice of Hearing on the other party and file the original with the court. Trial courts usually just sign documents prepared by the parties--proposed orders, etc.
  4. Research business records and hearsay. In quite a number of jurisdictions it is hearsay unless they have a business record affidavit attached to each assignment or a live person from the assigning company testifying to the validity of the assignment. They have to prove a contract actually existed. They have to prove that the charges were actually made. They have to prove the amount of damages. They have to authenticate the credit card statements. This means they will need a business record affidavit or live person from the cc company. Research directed verdict.
  5. I was responding to the guy who said the U.S. Supreme Court was the next stop. It should be good law in Ohio.
  6. Have it handy for the pre-trial. Some courts in Florida do not hear motions at pre-trial. If that is the case, you will set the matter for a summary disposition hearing. Regardless, you should be ready to argue your motion at every appearance. Additionally, you might want to file an affidavit stating that the debt was more than __ years old at the time the plaintiff filed its case. Florida does allow for discovery in small claims. However, if you are not represented by a lawyer the represented party cannot validly request discovery from you in small claims. Now, if you file a discovery request, then they do get to engage in discovery as well. The only other way the plaintiff will be able to validly engage in discovery is to get an order from the court allowing them to serve you with discovery. Florida Small Claims Rules 7.020 ( Discovery. Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court.
  7. Do they have standing? Can they prove they have standing? Do they have a copy of the original signed contract?
  8. You need to hire a local lawyer. Try to find a lawyer who handles your specific type of claim. You can probably get a free referral from the state bar or the county bar association.
  9. You need to research the court's pleniary power. In other words, how long does a court retain jurisidiction after dismissal in your state. Call the court and verify that the hearing is actually set. It appears the Plaintiffs are trying to get it reinstated on the grounds of excusable neglect. Research excusable neglect. If they do refile, check the local rules of the court. A number of jurisdictions now require a refiling of a claim to appear before the same division of the court.
  10. You might find something in the credit card contract. If not in the contract between you and the card company, it might appear in the contract between the credit card company and the vendor.
  11. They will likely still show up. The law firm handling the case likely has a number of similar cases set for pretrial on the same time as yours. Have you read the Small Claims Rules yet? In what county is the case?
  12. If the case is in Small Claims review the small claims rules. Google Florida Rules of Civil Procedure. You will hit floridabar.org. Click on that link and review the Small Claims Rules. Definitely show up to the the pre-trial conference. If you do not show up a default will be entered against you. At the pre-trial conference you will deny owing the debt. How much is at issue in the case.
×
×
  • Create New...