mspammy

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About mspammy

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  1. Hi All, I used this boards a few years ago when I was going though courts for an old debt. Now I'm back and need some assistance please. I am being sued in small claims by a private individual on a mobile home sale and dispute on paying back lot rent. I was served to attend the pre-trail conference and need help putting together a motion of either denial or motion to dismiss. Would anyone know where I might be able to find some information, sample letters, or any assistance on this? This is in Pinellas county Florida. Thanks in advance.
  2. Nah it say's judgement is 2,300 for damages and such and 3,000 in attorney fee's. Still no word on my motion to reconsider.... (:
  3. Thanks again! At this point I can only hope two things -that the Judge really only meant to grant them 1000 in attorney fee's (that is what they asked) and not the 3000 that he granted. $3000 in attoreny fee's on a $2300 judgement just dont seem right. I have already field a "Motion to Correct and am just waiting. And the second thing is try to pay it without getting garnished.
  4. Thanks again, I do plan on paying it I really just dont want to be garnished. Not only because 25% a big chunck but Im in HR and it would be pretty embarrassing. This whole judgement is really a joke and Im still in shock on what they won on - the $2300 in damages & cleaning the won, well the ONLY and I mean ONLY proff they provided was a print out from the rental company that said cleaning, damages, paint, shampoo carpet and listed dollar amounts. They could not provied any receipts of items purchased to clean with, what was damaged, name or time cards or person that did the cleaning and fixed the damages...nothing else. That is the main reason I didnt hair an attorney I thought easy case. Boy was I wrong. I do have a call into a attorney now to talk about an appeal. Again thanks for the info, I really want to keep them from garnishment if possible.
  5. Racecar - Thanks so much! Kent - Thank you aswell, So far everything has been done on the phone and for this one I sent a request asking for it to be also, Im just waiting to hear. Im also waiting to hear on a motion to corret that I sent in - Hoping that the judge did not mean to give them 3000 in attorny fee's on a 2300 complaint. I should be hearing back from this within a few days. There original complaint asked for 1000. So will we see. Again thanks for all the assistance with this (:
  6. Bruno, Nascar, or anyone - what do you think would I be under FLorida or Indiana and can they garnish right from the start or do they first set up a payment plan? Thanks again.
  7. Since Im a Flordia resident and earn wages here in Flrodia I would think I would be under FLorida Laws - the judgement is on both me and my hubby and we both are residents and employed here in Florida. What do you guys think? Florida or Indiana? Also I always thought that as long as you were paying a bill they would not be able to garnish your wages - is this also true for Judgements or can they just garnish wages right from the start? Thanks again (:
  8. Yes is was for a house rental and yes I am a Florida resident and yep they know it.
  9. Thanks to you both, I will for sure show up, however will I be under Florida Rules or Indiana? The case is in Indiana and I live in Florida and have had all my court contact on the phone and am going to request the same for this hearing? Thanks again
  10. Hi All - I was in a 2 year battle with an old rental and finally have judgment, they partially won. Now I received a "Verified Motion in Proceedings Supplementary" that says Comes now XXXXX and for his motion herein alleges and says as follows: The Plaintiff is the owner of a judgment against the Defendant which remains an unpaid balance of $5000 plus cost. WHEREFORE the Plaintiff prays that the DEFENDANT be ordered to appear before the court for examination. then under that is says ORDER Upon proper filing of a verified motion in proceedings supplemental, the Court now finds that said motion is sufficient. IT IS THEREFORE ORDERED that the defendant appear before the court on XX day of Sept to answer as the Defendants non-exempt property subject to execution or to proceedings supplemental. What exactly is this and what kind of preparation should I do doing? I do plan on making payments on the judgment and want to avoid garnishment if at all possible. About the same time I received this I also filed a "Motion to Correct Error" as I think that they have added too much attorney fee's - I’m still waiting to hear on that. Thanks so much!
  11. I am in need some assistance please. After a two year battle with a law suit we finally have judgment. There were two counts against me for a rental 10 years ago in Indiana. Count I was for $2,300 for cleaning/damages/paint/ rent and $1000.00 for attorney fees. Count II was for $10,000 for fraud claiming defendant used false info on the rental application. And says Defendants actions and the approximates cause of plaintiffs damages for breach of contract, damages to said property, attorneys fees and the prosecution of this action, the costs of this action and interest and for punitive damages. Here is how the judgment reads – Varies needs for cleaning and repairs we adequately proven to be 2,300. Collection efforts were made but without a level of diligence that would satisfy the Court that any pre-judgment interest ought to be awarded. The Plaintiff claims fraud as they relied on false information provided to obtain credit reports – the court is not persuaded for these reasons: the credit reflected on the report is bad and does not seem in several parts to related to the persons applying and the reports themselves appear to have been prepared after the end of the lease, not relied upon to initiate the lease contract. Attorney fees are recoverable under the lease and the court finds that the bulk of those fees $3000.00 relate to the basic collection effort. A small portion of the fees about that sum appear to relate to presentation of the fraud theory which is not adequately supported in the facts. Therefore judgment against the defendants in the sum of $5,300 2,3000 damages plus 3,000 attorney fees plus court cost. I really think the judge should have just ordered 1000.00 in attorney fees for count I and think he listed 3000 by mistake. Or is it common to order more attorney fees then they asked for as they also would it be common to award 3000 in attorney fees on a 2300 Judgment? So after some research it looks like I need to file a “motion to correct errors” however I’m having difficulties’ finding sample ones just so that I can get help with wording and such. Does anyone else think the 3000 might be by mistake? Also does anyone have and samples/ideas/suggestion on how wording would go? Thanks so much.
  12. Thanks to both of you! (: I think Im gong to call an attorney over there (Indiana) for a consult, Im in florida. I did this case pro se even after my husband kept telling me we needed an attorney - but I knew they didnt have any proof because we didnt leave the rental needing all the things they said. Either way even if count 1 sticks I still think the 3000 is probably a mistake But I really dont know? - is it common for courts to grant attorneys fee's 2 times above what they asked for??
  13. Hi All, After a year and half battle I finally have Judgement - and need some assistance please. A little info on my case - it was from a Rental 10 years ago in Indiana and they had 2 counts against me. Count 1 was for cleaning, damages, & repairs in the sum of 2300. plus 1000 in attorney fee's. Count 2 was for fraud for incorrect info on the rental application, they wanted 10,000 for breach of contract, attorneys fee's, interest, punitive damages. We won on count two as the jodge found it unfounded. They won on count 1 as the judgement says "adequately proven" - even though they had absolutely no proof, all they had was their own print out that said cleaning was xxx amount, paint was xxx amount, repairs were xxx amout - they didnt even list what needed cleaned, fixed or repired. They didnt have any pictures, receipts from buying the products, time cards or names of who cleaned, repaired etc.. So now Im trying to decide if I should appeal this or not. But before I do need a little asstance please. I really think that the court made a mistake when the listed 3000 in attorneys fees as not only is it higher then the actual amout for damages and such on count 1 of the complant for but count 1 of the complaint had only asked for 1000 in attorney fees. First question is - is there anyway to ask the court if they really meant for the judgement on the attorneys fee's to be 3000? and second questions is besides an appeal is there any other way for the courts to re-consider count 1? this was in Indiana and any/all info is grealty appreciated. Thanks so much! (:
  14. I dont have a copy of it, the summons say's it is attached but it wasnt. Im sure that it dont say anything about florida though as I loved in Indiana when it was signed in 2000.
  15. HI All, I have just been served a Alias Summons in the mail. I live in Florida and the plaintiff is an Apt Rental Campany in Indiana. Who's SOL laws are in effect here? Indiana or Floirda? The rental contract im being summoned for was signed in 2000 in Indiana and I have lived in Florida since 2001. This is only my first question, Im going to need help answeing it. I'm so glad to find this site I think it will be of great assistance. Thanks so much Pam