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Everything posted by FlaLawyer

  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.
  14. Yes to all the above. I would file and set it for hearing sooner rather than waiting. The longer you wait the worse your position will look to a court.
  15. So if you are in the 2nd Cir. then you are hosed on this one.
  16. It takes a while to load. Just go down to the right side of the page and click on the download button. It will give you a pdf.
  17. Lower courts are bound by decisions of the courts above them. For example, in Florida if you are in a trial court in Duval County, that trial court is bound by the decisions of the 1st District Court of Appeals and the Florida Supreme Court. If the 1st DCA or Fla. S. Ct. has not issued an opion on the issue before the trial court, but the 3rd DCA has, then it is bound by the decision of the 3rd DCA. Now if the 3rd DCA and the 5th DCA issued opinions on the same issue that oppose one another, then the trial court can follow either the 3rd or the 5th. (I just made up the 3rd and 5th, it could be any two DCAs other than the one you reside in.) For federal courts, the District Courts (trial courts) are bound by the appellate court above the district. Lets say you are in the Middle District of Florida. The MD of FL is bound by decisions of the 11th Cir. Ct. of App. All the courts are bound by the SCOTUS. Florida gets a little confusing as prior to being in the 11th Cir. Ct. of APp. it was in the 5th Cir. To remedy this, any 5th cir. cases decided before the establishment of the 11th Cir are binding on a federal district court in Florida. Decisions of District Courts are not binding on other District Courts, even in the same district. Federal decisions are not binding on state courts and stated court decisions are not binding on federal courts. SCOTUS opinions may be binding on the state, but that is determined by the factual background of the opinion. Every state has its own scheme for determining who is binding on who within the state court system.
  18. This is a trial court order and as such is not binding on other courts. Judge found violation when letter from a collection law firm stated the file had not been reviewed by a lawyer. http://docs.justia.com/cases/federal/district-courts/pennsylvania/pamdce/1:2009cv00578/75676/66/
  19. You might file a Motion for Order of Contempt for Failure to Follow Court Order. In the motion ask for money and dismissal. An attorney showing up to mediation with less than full authority happens all the time. You have good grounds as only the attorney showed up. Did the mediation order say both parties were ordered to show up? Don't expect much. If the judge sanctions them, great. If he doesn't, oh well.
  20. In the states I've practiced in we filed a motion to dismiss. Court's do have the power to dismiss on their own (sua sponte), but that usually depends on how actively the judge manages her docket.
  21. Check your rules of civil procedure. Usually summons must be served within a designated time period or they are no longer valid. You may be able to file a motion to dismiss based on the service.
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