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FLORIDA666

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  1. thanks for your quick reply, the reason i don't want to file bk because I'm planing on suing them in federal court for violations, and to my understanding , if i file Bk i won't be able to sue them right ?
  2. -Im in Florida -It was a credit card debt ($8,500) -I lost to the Original creditor Hi, i need to slow down this lawyer for 4 month, this law firm represented the original creditor and won a summary judgment against me about 5 month ago. Which will be the best action to take to gain that time that I'm looking for? 1- By not responding to the interrogatories in aid of execution (which is where I'm at right now), making the lawyer file another motion to compel me to answer the questions, [ how much time will i gain with this ] 2-By filing objections to the questions in the interrogatories, making them file another motion to explain why i need to answer these question, [ how much time will i gain with this ] 3-can i file a motion to vacate the judgment, even if i don't have any ground since they are the original creditors and i lost all the way battling to the end with them, [ how much time will i gain with this ] If you have any ideas on how please let me know, or if you thing i should change the order of all these ideas let me know too,
  3. Hey, first of all , Congrats on your victory against those scumbags. A question , can you please tell us how you defeated the account stated claim, what were your pleadings or affirmative defenses you used in your case against account stated. thanks for your help!
  4. The American Arbitration Association, Credit Card Disputes and Line of Credit/Mortgage Collection Lawsuits Increasingly, the banks and mortgage companies, particularly on second mortgages, are not filing foreclosures but are instead just filing breach of contract claims in courts across the country to collect those debts. They don’t want the property back, but they will file suit to get a judgment against you. Problem is the banks have written a major problem into many of their own contracts that causes them MAJOR problems. If you read these contracts carefully, you will note they have a forum selection clause that mandates all disputes will be resolved through the American Arbitration Association. Problem for our bankster friends is the AAA no longer has this program running anymore, thus the banksters and the credit card companies cannot fulfill the terms of the contract they wrote. Knowing how to use this to your advantage in any credit card or debt collection case is a great way to stop them dead in their tracks! This was posted by attorney Matt Weidner in his blog. not everyone could apply this , but is interesting enough to read it i think.
  5. When Any of us get for the first time to this website, we usually are looking for a way to respond to a summon in some way or another, when we look up affirmative defenses here , we are directed to many post that all of the "Sentences" that i have posted in my 2 threads , why to even bother to call this Sentences ......... Affirmative defenses, (that is all they are , sentences that do not set forth any form of legal defense )that are not consider as such by lawyers around the country.Not in every state, but in some of them that i have noticed and they are BACKED BY CASE LAW ! When ever you come up with this type of Answer to a summon you are going to have a rough start as i have encountered if the Plaintiff strikes your answer. Attorneys in Florida are not the only ones that can strike all of the Affirmative defenses mentioned before, some of the lucky defendant's in Florida, filing affirmative defenses as the ones posted in my thread can get away with it because the lawyer is a ****ty lawyer or a jdb that half the time dont know what the hell they are doing, or are not paying attention to details. In my State, FLORIDA ,THIS AFFIRMATIVE DEFENSES ARE NOT "AFFIRMATIVE DEFENSES". THE LAWYER DID A GOOD JOB BY STRIKING MY AFFIRMATIVE DEFENSES.He won that round but this boxing match has 12 rounds and im just getting warmed up. Thank you Downto0, i didnt get it at first, because i was looking within the same wrong affirmative defenses, the only thing i was doing was shuffling them around thinking that i might of used the wrong affirmative defense.None of those are defenses that i can use in my state. Sandyfeets, thanks for your cooperation and for your time in all this. Back to the drawing board.!
  6. Ok , After much reading and help from people in this forum, i have my amended affirmative defenses ready to be file , read them and let me know what you guys think. IN THE COUNTY COURT, CIVIL DIVISION, XXXXXXXX COUNTY, FLORIDA CITIBANK ( SOUTH DAKOTA ), N.A. Plaintiff CASE NO. : XXXXXXXXXX Vs. JOHN DOE 1234 NW 12TH ST BONITA BEACH, FL 33432 Defendant / MOTION FOR LEAVE TO FILE AMENDED ANSWER Defendant, JOHN DOE, respectfully requests leave to file the attached Amended Answer pursuant to Fla. R. Civ. P. 1.190(a) and (e). The defendant states that as a pro-se litigant, it has taken him additional time to become familiar with his legal defenses, and is only now aware of his legal defenses, and now wishes to assert the same. Leave to amend should be liberally granted; it should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or amendment would be futile.Torrey v. Leesburg Reg’l Med. Ctr., 769 So.2d 1040 (2000), quoting North Am. Specialty Ins. Co. v. Bergeron Land Dev., Inc., 745 So. 2d 359, 362 (Fla. 4th DCA 1999) Here, the Defendant respectfully submits he has not abused this privilege, becoming aware of his defenses only upon new legal research, the plaintiff would not be unduly prejudiced by the amendment, and the amendment would provide defendant substantive defenses, and therefore not be futile. WHEREFORE, Defendant respectfully request leave from this Court to file his Amended Answer CERTIFICATE OF SERVICE The undersigned certifies that the foregoing was sent on May _____, 2011 via U.S. Mail to: JOE RIPOFF Scum Bag Law Group, P.L. P.O. Box 25018 Miami, Florida 33333 ____________________________________ JOHN DOE 123 Main Street Anytown , FL 32145 (555) 234-0438 AFFIRMATIVE DEFENSES 1- Plaintiff, as the Defendant is informed and believes, lacks the legal standing to bring and maintain this action. 2. Attorney for Plaintiff has not proven they were retained by Plaintiff as its representative in this matter. Attorney’s firm is a debt collection agency. 3. Plaintiff’s attorney has not proven that Plaintiff is the real party of interest. Defense demands proof of ownership, specifically that the alleged account is still the legal property of the Plaintiff with all of the original creditor’s rights and privileges intact. 4. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits. 5. The action is barred by the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 6. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 7. Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. 8. The Plaintiff has not proven the debt is valid or the amount of the debt is accurate. The Plaintiff must prove that the principal, interest, collection costs, and attorneys’ fees are all correct, agreed to in its contract, and lawfully charged. Defendant also insists that the Plaintiff produce the signed contract, account statements and purchase receipts to prove the amount of the debt. No such evidence has been attached to this Summons, nor has it been provided to the Defendant to date. 9. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. 10. Plaintiff has submitted no sworn statement testifying to the accuracy or validity of their recollection of the alleged account. 11. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.
  7. Well, i also filed a sworn denial , if it bites me in my butt i will let you know , they are plenty of cases with sworn denial being filed in courts and reported in this forum to make an educated decision if one use it or not. We thank your for you input , and i will look at SD in detail, just in case. thanks.
  8. Talking about using a shotgun to kill a mosquito! but then again , we are talking about the banks , good thing that you have a working strategy going your way , and the way you are striking the affidavit just in case is brilliant. Not a lot of room to move from their side, just the way it should be.They all can rot in hell for all i care. keep it up !! and keep us posted.
  9. Dig, Dig , Dig, proving that the affidavit was done by someone with no personal knowledge is essential, with that , a sure MTD is sure to follow. Keep up the good Fight!
  10. I can neither tell you that by filling the Sworn Denial is Good or Bad at this point , im in the same boat as you, now ........... but i will tell you this , i went and got a consultation with an attorney in my state (FL) about my case and I asked him about the sworn denial and how that can be used against me and he replied " well, basically this is a Sworn Statement saying that you dont owe that debt and so on , if the attorney for the bank wants to be a real pain and get real nasty , he can take your deposition before trial and at trial he can go line by line on what you said against all the itemized statements that he will have in front of him, after he has proved his point he can asked for sanctions , penalties , laying under oath etc. Im not telling you what you did is wrong , hell i did it to , but i want to make you aware of the course of action that the plaintiff may take. But we have to Try it , because if we by being afraid of what might happen we dont try it we dont stand a chance, we are either way screwed if final judgment is given to the plaintiff.So what the hell , we have nothing to lose. Keep fighting this bastards and dont let them boss you around.
  11. -In Florida , a Defensive answer is not required when responding to the initial complaint (summon), meaning that Affirmative Defenses are optional, but is not uncommon if you file it, although attorneys for the defendant avoid doing it. For now , i will file a Motion for Leave to File an Amended Answer (im taking NASCAR non legal advice on this one ). All i will do is to try to exclude my affirmative defenses (if there is any chance of that) which is what is being strike. Also in the allegations in the complaint stating that .........i owe this amount ,and that amount etc i will simply state that there is not enough compelling evidence or definite proof ,( im open to other suggestions). I dont want to put the chariot before the horses, i will wait until pretrial and see what is it that the opposing council has and i will draft my affirmative defenses around that. Although the above is what i have in mind , im open to any suggestions and to tear apart my arguments and way of thinking , dont be shy if you have to call me out , i rather you be calling me stupid now , than the lawyers for the plaintiff in Court. thanks for your input (all of you)
  12. yes there are 2 different accounts, here is the original link, the thread was getting to long so Downto0 gave me the idea to start a new one , a link to the original thread http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304759&highlight=citibank+summon
  13. I hope the judge lets me do my Discovery,in due time everything will come out, some of the lawyers what are doing is that they represent the banks and after litigating the case "if they win they split the profits 50/50, some of them are just buying the debt and denying that they are representing themselves , i see many good reasons for that , they dont need to provided assignment , change of custody, transfers, basically they can get away with a lot of nastiness hiding behind the Skirt of the banks.
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