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About Softwear8

  • Birthday 07/16/1953

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  1. "What's a C1 case?" I would assume Capital One.
  2. "Most U.S. states have a constitutional, statutory, judicial code, or court decision provision either expressly or by interpretation allowing self-representation in state courts." "Florida Const. Art 1 § 21 'The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial or delay'" "Florida Code of Judicial Conduct for the State of Florida Canon III B 7 'A judge should accord to every person who is legally interested in a proceeding, or to the person's lawyer, full right to be heard according to law'" List of U.S. state constitutional provisions allowing self-representation in state courts - Wikipedia, the free encyclopedia
  3. It's your constitutional right to represent yourself, should you so desire. Also, this document may interest you: "] "Of the values embraced in the vision statement of the Florida court system, the first is 'access,' meaning 'convenient, understandable, timely, and affordable to everyone.' 1. Access to the courts is an explicit right of the people, 2. guaranteed to all litigants and not reserved to those represented by an attorney. While the elements in the vision statement were not specifically ranked in order of importance, the decision to list 'access' first is instructive – without access, realization of the other values is impossible."
  4. Answer the questions found at this link so people here will be better able to assist you: Also, if you check your credit report online, regarding that particular account, I believe if it doesn't say "transferred" or "sold" then Cap One still owns it. (A "charge off" is merely an accounting term they use.) It sounds like they just assigned it to a law firm for collections.
  5. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)not sure, they have me going into default on 8/20/06 wich sounds right 11. What is the SOL on the debt? To find out: 4 years they beat it by a few days Maybe I'm missing something, but 4 years after 2006 would be 2010, and since we are now in 2012, it is past the SOL, no? IT SOUNDS LIKE THIS DEBT IS TIME-BARRED.
  6. Does this help? It's a sample of an Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment for Arizona.
  7. Can you use this?
  8. This is why I asked if anyone thought this move of sending me a stip. of disc. (instead of the affidavit) might be some kind of end run on their part to avoid having the case dismissed by the judge instead.
  9. Ah, I gotcha. Well that would explain why they sent this to me instead of filing a motion to dismiss. Very sneaky.
  10. Who's playing? Because of her instructions at our last hearing, my understanding was that I would be receiving an affidavit from plaintiff's lawyer, not a Stip. of Disc.
  11. "I bet also they sent you that to lull you into thinking it was done, and then they show up and you don't and they get your answer stricken." Seadragon, this was one of the first thoughts I had after receiving what they sent me! Even if they DO show up, they'll have to be accountable as to why they didn't send the affidavit. And as regards the Stipulation for Discontinuance... ME: Your honor, I didn't feel comfortable signing something that didn't come from the court.
  12. Interesting...Thank you, iheart. And thanks to everybody for your input. I really appreciate it!
  13. "I seem to remember that I have read some cases where there was a stipulation to discontinue did not count against them for the 2 strikes and you are out. This may be why they are looking to have you stipulate to discontinuance. They may have also put some language in there that would prevent you from going after them for FDCPA for filing a bad suit. I would not sign it if plaintiff has the ability to dismiss on their own." I'm not really understanding what this means. Did not count against whom? Ok, let's put the stipulation for discontinuance aside for a moment. The judge told them to send me an affidavit. They did not send me one. Isn't that a violation of some kind? I'm not looking to go after them. They didn't file a "bad suit". I'm just wondering what would happen if I were to show up in court without the affidavit the judge requested and then when asked, explain to the judge that they sent me a stip for discontinuance w/o prejudice instead, and also that I'd received a collection letter from Cap 1.
  14. Thanks, Bruno. Yes, this is why I haven't signed it yet, and also this is why I'm asking if this could be an attempt on their part to avoid dismissal by the judge. And along those lines, aren't they violating the judge's order by not sending me the affidavit she requested they send me?