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  1. Coltfan1972, i apologize but i disagree about the Judge being fair, i was there, one thing i must say before i start unloading on this Judge is that i can't really say that she was being fair because she did not abuse her power, or was not giving legal advise to anyone,if that is what you mean,.......... to me a FAIR JUDGE is a person that is not prejudice against the defendant from the get go, like this Judge was with the comment that she made at the end to us and throughout the day which was unethical and out of place, also saying out loud that the creditors might come for your house is a total LIE just like Lealeagle presented above. She was being also sarcastic and tried to be funny at times (which i did not find any of those debtor Judgments to be.) Some Judges are power junkies, i found her to be one, there are a million ways to say the same thing to someone, she always found the worst and the most offensive way to say it, always saying remarks to the debtor making them feel cheap and rubbing in their faces their inability to pay an how shame should be with those that took out a loan...... and didn't pay it. If it would of being an original Creditor that day in court i would of accept some of it, but we are talking about Portfolio recovery, MCM, CACH,LLC ,Midland. all of them "JUNK DEBT BUYERS". Why didn't she turn to Plaintiff and started questioning those statements that were basically just an amount and name on a piece of paper that were to my left by piles.... before she decided to rule for the plaintiff. For god's sake, the Plaintiff weren't even talking she was doing all the work for them. A nice way to clear Those Dockets Judge.! Coltfan1972, thanks for allowing me to vent out, in a way.... like you say i am emotional envolved and i took it too personal. But again im just Putting out there what was like a REAL day at Pretrial in Southern Florida (Dade County). Thanks again and this response was not at you, was at the legal system down here. i think highly of you and the other legal minds in this forum. Just my 2 cents.
  2. Yes Sir , thank you for that fine expose of the Florida Homestead law, and i agree with you, In Florida, our home is truly our castle, a "castle that is impenetrable by creditors". The Florida Constitution exempts homestead property from levy and execution by judgment creditors. Florida courts have liberally expanded definitions of homestead property which includes more than just a single family house. Condominiums, manufactured homes, and mobile homes are also afforded homestead protection. Thanks.
  3. Well Seadragon, i told my wife how would everything go down once i read the FLorida Rules for Small Claim Court thanks to LegalEagle , but saying it to her and to actually experience it, was totally different for her. I hope this lawyer does a good job , since that is all he does, according to him , he beats them all day long if they are a JDB like in this case.I specify to him that i waned the Dismissal with prejudice. (i don't want this popping up again an d again) He discussed the case with me and Yea , he is on Point , He says that to Beat this guy , you can't give them time to think , that is why asking for a trial without Jury is of essence also you don't want to open yourself to discovery (in florida if the Defendant files Discovery in Small claim court, he just opened the door to the plaintiff to do the same), What you do is you ask the court for trial as soon as possible and make them present their case at trial (i remembered what ColtFan1972 said about this same thing, i kind of smiled when he said it ) , chances of screwup or Dismissal by their part are huge and most of the time they stop and give up. Thanks Seadragon !
  4. Well me and my wife went to pretrial, got there early, little after that the judge began,soon after the lawyer stated roasting people from left to right, First with the default Judgments for those that didn't show up. The JUDGE then for those that showed up began intimidating the Defendants saying that if they get a default judgment that the JDB can come after your house, your assets..etc and that they should try to get to an agreement, it was the same for almost everyone. Then they would stand and tell the JUDGE that they lost their job and they could not pay everything , then the JUDGE would Say , "How much you can afford to pay", they all would say , "$50 a month your honor and then after 6th month $75 after that, She would say "I LIKE IT" and then turn to the Plaintiff and open her eyes really big and tell him , "I really LIKE IT, what do you think" he will nod his head in acceptance followed by her saying, "now we will send you to the mediation room where they will draft the details for the new arraignment." I felt like they were in an assembly line in a slaughter factory, i felt bad for them. Finally they called my wife and seeing how thing were and how extremely nervous my wife got i stood up and went with her to the podium, i wasn't about to let those snakes intimidate my wife into something that the JDB has not even proven yet. The Judge read the Claim and turn to my wife and said "what do you say to that " , to which my wife replied "I HAVE NO RECOLLECTION OF THAT DEBT YOUR HONOR" the Judge then said , "ok...but Just to let you know that by you saying that you have no recollection of the debt is the same as you saying that you deny the debt.... anything else Defendant",to which my wife replied " ALso I Demand my right to trial your honor", the Judge then told my wife " I will Schedule the trial and we will see when the Plaintiff brings all the statements if that will bring your memory back , no one forgets a $4,000.00 debt" when the JUDGE said that i was standing 4 feet in front of her , my blood pressure went up and my ears got red out of insult, impotence and lack of authority to speak on behalf of my wife, but .... noticing how extremely nervous my wife got in there, i knew that this was not her cup of tea, not all of us enjoy the fight and the rush of being in court and arguing your case, therefore i took the liberty to HIRED A LAWYER which will not be so kind to the JDB lawyer as the JUDGE was. Ps. i will post all the motions that My lawyer does in this lawsuit from CACH, LLC in FLORIDA. Thank you ADMIN and NASCAR and Legaleagle for your Help, Now i will take my frustration to my OTHER fight " CITIBANK "OC" vs me (Still pending)
  5. Thanks guys, so basically.... -i just show up and deny the claim (your honor i have no recollection of that debt) -ask for leave of court to file discovery on them and demand jury trial. Guys can you clarify this for me , i read in a post in this website that you should take the answer to the complaint and a motion to dismiss with you to present at the pretrial, i am confused since all i have done is higher courts. and in Florida, Small claim court is not so clear about the rules. thanks Admin and Nascar for taking the time to answer. (keeping the fighting spirit alive).
  6. Anyone care to pitch in ? What can i expect at a pretrial, and what is it that i need to have ready or bring with me to the pretrial (motions and stuff) I dont know how small claims court proceed. if anyone knows please let me know. only 3 days left any help would be appreciated.
  7. Hi to everyone, im being sued by this company called CACH LLC, which is the Plaintiff Vs me, this is in FLORIDA SMALL CLAIM Court, the amount is for 4k, and the original creditor is GE Money Bank (Which subsequently sold the debt to CACH LLC according to them. -------------------------------------------------------------------------- They are suing on 2 counts : 1- Account Stated : Plaintiff asserts that Defendant acceptance of the extension of credit represented a periodic account, for which GE MONEY BANK generated regular monthly statements. Defendant is liable to plaintiff, the assignee of the account , for the account balance, together with interest thereon at the rate allowed by law. 2- Unjust Enrichment: In the alternative, and without waiving the foregoing, Defendant used the funds provided by GE Money Bank. GE expected to be repaid for said extension of credit, together with interest thereon. Defendant is liable for repayment of such sums under the doctrine of unjust enrichment. -The defendant entered into an agreement with GE Money Bank for the extension of credit to facilitate the purchase of goods and services (The "Agreement" ) under it's account # ********1234. -The past due was assigned to plaintiff. -The defendant by use of the funds provided by GE, have accepted responsibility to repay said funds. -Defendant defaulted in the payment obligation, as results caused GE damages in the amount XXXX. That obligation has been assigned to Plaintiff, who is the party entitle to receive payment of the account balance. -Plaintiff is the assignee of GE MONEY BANK's right to be repaid by Defendant. -Plaintiff has Demanded payment from Defendant but defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action , or all conditions precedent have occurred. -------------------------------------------------------------------------- NOTE : A-They have not provided anything but a bullcrap AFFIDAVIT OF SALE (Which i posted a Scan of the bottom half of the affidavit,the top part you can read it below, check it out and tell me any more deficiencies you guys might find please. AFFIDAVIT OF SALE In the STATE of :State Minnessota County of: Ramsey Before me on the day and date set forth below, the undersigned Notary, being qualified and commissioned and for the county and state aforesaid, personally came and appeared Josh Ramirez, who being duly sworn, did depose and say: Affiant is the DOCUMENT CONTROL SPE_CIA_LIST at GE Money bank and in that capacity, Affiant is personally familiar with the debt... "BLACKED OUT BY THE RENT A LAWYER"(the "Account") made by My NAME (The debtor) made payable to GE money bank and subsequently sold to CACH, LLC. The Correct amount owed by the Debtor on Account Number is the sum of $$$$$$ as 9/18/2009 and is reflected in all records of the account which GE Money bank has Knowledge. The following Statement pertains of the Debtor referenced above is a state of California resident : I certify under penalty of perjury under the laws of the state of California that the foregoing is true and correct. B-They make reference of an "Agreement" but they have failed to attach it to the complaint. C-They sued on account stated but a copy of the account showing items, time of accrual of each and amount of each must be attached to the complaint and it was not. D-I have the pretrial on the 4th of january 2012, i am not required to answer before the pre-trial. E-Any strategy that you guys think i should use , like..... -To have ready a motion to Dismiss, or.. -ask for leave of court for sufficient time (90 days) to conduct discovery on the plaintiff and.... -My right to trial? Shoot away my friends, give me ideas , dont be shy , i want to crush this mofo. thanks for everything.
  8. Well, i have being extremely busy , so i could not post the outcome of the summary Judgment hearing before. sorry for that. I showed up early to the hearing and i noticed a long line of well dressed people, i waited to be called and everyone went in inside the courtroom, i sat in a corner, they started with fire insurance cases first and then they switched to creditcards, all uncontested lawsuits were granted to the plaintiffs, so far everything was going their way, 2 Defendant had representation , and the lawyers did rise some good arguments about affidavits not being presented and at one point the attorney for one of the defendants said to the judge, "your honor i promise you that my client is not a game player, everything we are asking is for a reason", to which the judge smiled softly. I noticed with all the cases before me that the judge was just too nice, i have heard horror stories about other judges , and i was glad that this was't my case. This judge was soft spoken, was polite and apply the Florida rule of civil procedure to the dot, (allthough giving a lot of brakes to pro se litigant and sometimes using the court discretion to cut the prose some slack. Then my turn, i was the last one and the only one in the court room, the clerck called the plaintiff and while we waited in those 5 mins, i made a remark to the judge about the motion for continuance that i filed days earlier and he politely stopped me and said " that would be considered and exparte communication, lets wait for the plaintiff to join us", i felt like an a$$, but right after that he kindly gave me a complement and said ," it's rare to have a pro se defending a credit card lawsuit , we dont get those very often here". Finally the Plaintiff appeared telephonically and we began , the judge immediately started flipping thru pages and stopped the rent a lawyer in cold in their tracks and said " Where is the affidavit", to which the rent a lawyer replied ", we have being trying to get th affidavit you honor", and the Judge said, " you have 20 days to produce the affidavit" i will order a continuance on the case to give the plaintiff time to provide the required affidavits in support of summary Judgment". then he went on to say that if i required an extension of time , just to let him know , that the holidays were coming and the whole case will be postpone for after xmas. after that i Told him that the plaintiff have not responded to my Discovery and even before the judge could open his lips , the rent a lawyer jumped and said , "your honor we sent the answers 2 days ago", and the judge said that i should wait for it . and that was my day in court. I survived this Summary Judgment hearing !!!!!!!!!and getting ready for 2nd round. I will post again to give you and update ,....since the end of that summary judment the plaintiff has objected to interrogatories (my mistake, i put more questions than 30 which is the limit)im going to have to amend and reduce the amount of questions in my interrogatories , and also i will post here the affidavits that the rent a lawyer sent me after that hearing and what he attached to those affidavits. Thanks a bunch guys , i feel confident (even if i lose). round 1 for the dead beat (!!!!!!!!! round 2 we will see.......
  9. Legaleagle, im not trying to lecture anyone specially a judge, i apologize if came off that way but in fact i am talking to all of you to plan my strategy, that does not mean that i will offend anyone in court needless to say , a JUDGE for that matter, im taking out of confidence to you guys like we are a team, When i stated this law suit i did not know what the word "plaintiff" meant, so instead o rolling over and die, i decided to fight otherwise this lawsuit should of being a slam dunk for the plaintiff long time ago, but i decided to fight, Probably for nothing , probably im just delaying the inevitable or probably i will win, but im least im trying. but going back to what you implied about me lecturing a judge about irreversible error well,For instance, Florida law is replete with appellate court decisions that reversed a lower court’s entry of summary judgment where the defendant had not had an opportunity to complete discovery. This is really basic law, the Defendant is entitled to a fair chance to procure discovery from the bank prior to entry of adverse summary judgment, Here are some cases related to that, See Kimball v. Publix Supermarkets, Inc., 901 So. 2d 293 (Fla. 2d DCA 2005) (“before Publix complied with the discovery order, the trial court granted summary judgment in favor of Publix. This award of summary judgment was error.”); Sanchez v. Sears, Roebuck & Co., 807 So. 2d 196 (Fla. 3d DCA 2002) (“summary judgment was granted before the facts of the case were sufficiently developed to enable the trial court to be reasonably certain that no genuine issue of material fact existed”); St. Fort v. Fla. Dept. of Trans., 688 So. 2d 469 (Fla. 4th DCA 1997) (“at the time of summary judgment, discovery was still ongoing, and the facts were not so crystallized that nothing remained but questions of law”); Henderson v. Reyes, 702 So. 2d 616 (Fla. 3d DCA 1997) (“the trial court erred in granting summary judgment in favor of Reyes while there were depositions that had not been completed and an outstanding request for the production of documents.”); Abbate v. Publix Super Markets, Inc., 632 So. 2d 114 (Fla. 4th DCA 1994) (“We are at a loss to understand how the summary judgment was entered with the plaintiff’s motion to compel still pending.”) So you see, It's the case law that really backs everything up, nothing made up here, i totally understand what you are saying about when you stand infront of the judge not to sound like a morron about it when you say it , but the judge will "hopefully" see that what im saying has merit, because it's been a precedent of other cases where it was totally useless to award summary Judgment when Discovery was outstading, So if you’re trying to prevent a bank from getting summary judgment serve some discovery! Defendants are perfectly entitled to obtain answers to interrogatories and documents from the bank before a final judgment is entered Some people would argue that this discovery is unnecessary and should not preclude summary judgment. That argument goes like this – “it’s undisputed the Defendant is in default; discovery won’t change anything.” A well Respected lawyer from Florida Begs to Differ and i Quote "I understand that argument, but I totally disagree. Defendants aren’t required to accept what the bank says as true. Even if non-payment of the debt is disputed, that doesn’t mean that the defendant doesn’t get to challenge the amount owed. Banks are notorious for including fees and charges that should not be included. This is one legitimate purpose of discovery – to see if the amount the bank says is owed is accurate. . What I’m saying is that defendants can and should force the bank to produce discovery to prove/support the claims in its lawsuit before rolling over and allowing the bank to procure a Final Judgment. Thanks. Ps. I will rephrase it to "Your Honor, Defendant is entitled to a fair chance to receive discovery from the bank prior to entry of adverse summary judgment. (it does sound better)
  10. I was wondering if you could help me with some questions regarding a Law suit from Citibank (South Dakota) credit card Being the OC. The problem is that I don’t know how to proceed in my Credit Card Case with Citibank in FLORIDA. -They have file a Motion for Summary Judgment, as evidence they presented Statements from 2000 thru 2010 and two Card Agreements with 2 bank clips, but no affidavits from any affiant working for the bank that has personal knowledge about the statements that were attach to the Motion, although they make reference that there is an affidavit included as an exhibit within the same motion when in fact there is none. I sent the Plaintiff Discovery on Sept 27 2011, and the Motion for Summary Judgment Hearing is On October 7, 2011. 1-Should I Just show up to the hearing and tell the Judge, it would be reversible error to grant summary judgment because discovery is outstanding. Specifically I have served interrogatories and a request for production and the bank has not responded. I am entitle to discovery prior to a summary judgment hearing. (citing case law which i have , about 5 cases where summary Judgment were reversed because it was awarded SJ to the plaintiff while Discovery was still outstanding) 2- Should I strike the original complaint at the hearing ?, When they filled the original complaint they only attached one statement only showing the full amount alleged, no Credit card agreement was attached at this point, one month after the original complaint was filed an they served me they went ahead and fetched the 9 years of billing, i can see n top of all those bills the time stamp from when they printed, Have they file a lawsuit without evidence or prove? can i attack that ? 3- Should i verbally object to Strike the statements to try to exclude them and show the judge that they don’t qualify as evidence or fall under the business record exception to the hearsay rule since no affidavit has been produced and was not included as an exhibit to the MSJ filed. (I know that good old judge will give them more time to produce the affidavit. 4- Should I File my motion in opposition to summary judgment raising issues of material fact along with my affidavit to defeat summary judgment. 5- Should I file my own Motion for Summary Judgment separate from theirs, would this be a good action? to force the Judge to make a ruling right then in there. (my MSJ will be better than theirs since they have no affidavit to back any of the alleged evidence which will be considered Hearsay, so all i need to do is rise 1 issue of material fact.) Question : If I don’t have my objections in writing and filed before the summary judgment hearing do I wave those objections for an appeal or can I object them verbally on the record at the Hearing for Summary Judgment. i want to decide this at the Summary Judgment hearing while the scale is tipped in my favor. if i let them ask for a continuance and introduce the affidavit later...... it will be tough. So i need to Craft my Arguments really good and know exactly how im going to go about to end the whole thing at that Hearing !!!! Thanks for your Help in Advance.