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FlaLawyer last won the day on January 23 2010

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  1. Why did you send a DV? What did it say? You may have waived service of process.
  2. You might also file a complaint with your state's financial regulatory agency.
  3. See if your rules of civil procedure include discovery in support of execution of judgment (or some similar title). Submit those. When they don't answer, file a motion for order of contempt regarding the discovery. Depending on your jurisdiction: If you are lucky, the judge may issue a warrant that should result in an arrest.
  4. I don't give them any information on income or expenses. Other than that my client is broke. Even if they submit the request for income or expense information prior to a judgment it is not revevant and I am objecting to it. I have noticed a rather rapid increase of young and inept lawyers entering the consumer fields. My background is as a civil trial lawyer. Apparently I have different standards.
  5. How does a sworn denial make an affidavit hearsay? I am confused. Also, did you file an affirmative defense based on standing? Did you raise that in you repsonse to the MSJ. Did you file an affidavit in defense of the MSJ creating an issue of material fact? Unless certain things are done, a judge's hands are tied on MSJ.
  6. You can try. Some judges will allow it, some won't. It is possible to waive your right to a jury by not requesting it timely.
  7. Is the joint bank account titled as tenancy by the entirety? That would affect the plaintiffs ability to get to the account.
  8. So its either a hearing officer or magistrate. The federal system uses magistrates quite often. In your situtation they are being used in a gatekeeper function. I see nothing wrong with this. It would be no different with a judge present at a small claims pretrial event in Florida.
  9. I would do nothing until the Plaintiff files something. Unless of course you want to keep the case alive and give the Plaintiff another year and a half to prosecute the case. It's really up to you.
  10. Look on http://naca.net for a lawyer who handles student loan cases.
  11. That is why I asked about the "served" part. It was served if it was part of your answer. They will need to have it set for hearing in order to get a ruling on it. Is this one in small claims?
  12. How exactly did you not "serve" your counter-claim?
  13. Check http://naca.net/ for a lawyer. Midland Funding is a JDB who has bought the debt from someone else. It sounds like they have committed several violations of the FDCPA.
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