shrinkingviolet333

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About shrinkingviolet333

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  1. Yes, and please let us know what happened as I am being sued by OC Citi too here in Florida, and would love to hear what your outcome is. I hope all goes well for you.
  2. formerpara, Can you please give us an update on what happened with this Motion to Strike your Affirmies? Also, I hope you and your husband are okay!
  3. Thanks for replying! I appreciate it. I cut n pasted this below right off the county court docket website, and they are calling it a 'hearing', but you are probably right, and someone may have just entered the info as a 'hearing'..by mistake. I'll take your advice, and just not hang myself! LOL! 05/13/2011 Calendar entry added for: 06/01/2011 03:00 PM CINS 05/13/2011 Reason: CMC CINS 05/13/2011 NOTICE OF HEARING NH 2
  4. I have a 'hearing' scheduled tomorrow afternoon. It is for 'Case Management Conference' or CMC. It is with Fia card services, and I was wondering if anyone ever had experience with such a hearing? It is 'supposed' to be with the OC (BoAmerica, who then turned it over to FIA Card Services. The docket does not give much information at all, but I've been off and on fighting them for quite a while. Thanks for any input.
  5. I am looking for any help with information on Citibank and their Master Trust collaboration. I have one website at : Citi - Fixed Income Investors and another at: http://www.secinfo.com/$/SEC/Registrant.asp?CIK=839947 Does anyone have any advice on how to word to Citibanks attorney that I am going to expect them to *prove* that they are indeed the real owner of the alleged debt and not a Master Trust. How should it be 'worded'? I have been doing a little arm wrestling with them on that subject, so far they are ignoring it. They keep insisting they are the real party of interest, and I'm saying ....well then WHY is the Master Trust in existence?
  6. Linda!!! You are awesome to write up that Floridian outline. Yes, in Florida, we are blest to be in one of the most debtor friendly states. Even if a judgement is awarded, it is hard to collect on it. Very good outline you made if I say so myself! Cheers!
  7. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth?????? Has anyone of us ever heard of them? Wow, that lawfirm name is quite a mouthful. Geez, I wonder if they should add another partner or two on. Then it would really be impressive. Sorry to speak up, but I just couldn't help myself. --------------------------------------------------------------------------------
  8. In Florida, you have to elect Arbitration in the very beginning of the lawsuit. Or very likely you can just 'forgettaboutit.' But if it's REALLY what you want to do....just ask the Judge..Maybe he/she will allow it, since you are ProSe and didn't know to ask for arb before. Preferably, you should have put the words very easily seen on the DV letter that you SHOULD have sent BEFORE you were ever sent a 'complaint/lawsuit' ....And the with the words should go something like this: If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt I hereby invoke it. I just wanted to chime in to help any others who in Florida may face the same type of dilemna you are. And I am.....I hope you please let us know what happens with your case! Best Regards to you.
  9. OOps, one more thing...I noticed on the ****county website, that a little over a week ago, the lawfirm filed a paper stating a Jane**Doe affidavite was filed. Now I have still yet to recieve a copy of that filing. So they have a weird 'copy' of a statement, and now an 'affidavite' signed by a Ms Jane***Doe..... Do you think that is all they need? the copy of the statement has a weird address on it of a place I NEVER resided at. I did a google search on it because the addresss was : ATTNY ACCOUNT-CODE+LV**, SPRINGFIELD, MO. Anybody know what that means??? I asked in the 'admissions' to them to admit the 'copy' of the statement...was not correct. They 'denied'...geez.....
  10. florida6666, I'm being sued almost identically by the same people as you....they are motioning to 'strike my affirm.defenses' too, and so if that gets granted....exactly which affim.defenses can i use? They are suing me on the exact same 3 reasons as you too. (acct stated, money lent, and open acct) I sent them my own set of 'req for admissions', and 'discovery' and they didn't give me ANYTHING.....i should scan and let you all read it..but I don't want to be outed.
  11. SOL in Alabama is: Open accounts: 3 years (A.C. 6-2-37) Florida: Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)). Sooo..you'd be better off in a way with Alabama by a year it appears to me...! Arbitration is a whole different animal. Check your Alabama civil rules of procedures.
  12. Gator, I am thinking that they are gonna just 'dismiss with out prejudice' in your case. They are an indolent lot, and on the day of your hearing...call the courthouse and make sure they haven't cancelled it...They won't let you know ahead of time, because they like to irritate the heck out of your first. However....still prepare your battle. You are in a war and need to study the enemy. PM me and I'll try to help you what little I can. Not a lawyer, but just entertaining information...take it or leave it..or just add it to what you have already learned.
  13. In the beginning of the first paragraph, you know where you state something similar to: Comes now the Defendant, Mr. Wanna Winn ..yadda yadda etc..then at the end of that paragraph, I'd insert it there. That way you are setting the pace that you are a self defending person who does not have years of law school behind you to be absolutely correct in form and procedure...so they may cut you a little slack??? who knows....I put that on all my paperwork so they are reminded to show consideration. Don't know if it helps for sure, but it is noteworthy.