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About FamilyMan

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  1. Thank you all for taking the time to respond & for the information. I'm still in the middle of completing my oppositions & looking up the rules/laws on the timing of submitting discovery to the plaintiff. Its obvious they want a quick win, but I'm not letting down. I will keep you all updated. thanks again
  2. OK guys/gals, I need some help from all of you kind experts here =) On 9/19 I received the "Motion for Summary Judgment" (Last week)..This came about 9 weeks after filing my original "Answer" to the summons. I have started compiling my response (Objections to Summary Judgment) and planned on filing it with the court within a day or so. I just checked the case online today and it now has the latest status of : "Notice of Hearing" 10/23 Sooo I'm a bit confused on this. It hasn't even been 10 days yet for me to file my oppositions to Summary Judgment. So, now that a hearing is set, does that mean the Plaintiff will be awarded the summary judgment? Or does it mean that Plaintiff & Defendant (Me) will have a chance to present the facts in court for judge to decide? Please help as I am confused! Thank you
  3. Thank you for the responses. I will compile my objection to motion for summary judgment and post it here once I get a draft completed. Just an FYI, I didn't include any affirmative defenses with my answer., It was a straight denial: 1) denied 2) denied 3) denied etc etc
  4. Thank you for the response. I searched the site but I'm not finding what I need. What do I specifically need to search for? "Opposition to summary judgment"? I tried that and didn't see a template/example I could use. To answer your question about discovery, no, I haven't received anything since I filed my answer besides this MSJ today.. Looks like my straight denial to the allegations prompted them to Motion for Summary Judgment. Is there usually a time limit on my response? thank you
  5. Hello all! A couple months ago I started a thread about responding to a summons for an alleged CC debt. I received the summons in July of this year and responded with an Answer (Straight denial) within the time-frame (20 dys). Fast forward to now. I just received a "Motion for Summary Judgement" along with "Notice of Filing Supporting Affidavit". In this "Motion for Summary Judgement" it states: 1) Plaintiff has brought this action against defendant based upon defendant's failure to repay money owed pursuant to an extension of credit made to defendant 2) On 7/1/12 defendant was served with summons & copy of complaint 3) Defendant has answered complaint. Defendants answer fails to raise a genuine issue as to any material fact in this case. 4) Plaintiff supports this motion with the filing of an affidavit attesting to the defendant's indebtedness 5) Plaintiff is entitled to judgement as matter of law. In the "Notice of filing Supporting Affidavit" it states the evidence they are providing. This "evidence" is 2 years worth of CC statements showing charges, payments, etc etc. They have also attached a notarized copy of a 2 page letter showing a lady's name claiming she is authorized by the CC company as a "Document control officer". The letter states she pulled the records and I owe the amount. Then on page 2 is the notarized signature.... So here is my questions for you experts out there: - What do I do next? - Keeping in mind the 2 yrs worth off CC statements show a starting balance of $5,XXX can I use this against them stating they never provided me a breakdown from a "$0.00" balance? Any help will be much appreciated as I have read that I need to respond fairly quickly. Thank you very much!
  6. Thank you for the responses. Linda - I just DL'd the agreement you posted. Thanks again for your help
  7. Linda - THANK YOU so much for that =) I appreciate it. Looking it over now so I can proceed Thanks again!
  8. Hello I am in the process of wrapping up my Answer. After reviewing the answers again, I wanted clarification on one of the paragraphs from the Plaintiff: Count II Paragraph 7 - Plantiff rendered a statement of account to Defendant and Defendant did not object. I have denied the rest of the paragraphs, HOWEVER, they did render what looks to be a "Statement" of account (12 months of cc statements). So Whats the best way to answer this particular statement? thank you
  9. Ok after more research I was able to find some old agreements online for CITI. However the only ones I can find from 2007 time frame (when acct was opened) states debtor can choose from AAA or NAF. I cannot find any agreement showing JAMS can be selected. Any further opinions on this?
  10. Hello Eagle- I did see Linda's post(s) on Arb's which was very informative.. However, after reading more into the Arbitration route, the scenario's I've read all have specific citations to creditor/debtor agreements. I however, do not have the original credit agreement since this card is from many many years ago. Knowing this, any idea how I MTC Arb when I don't have any agreement to cite? This is the part I am stuck on thanks again. To be honest, I am typically a highly-efficient independent researcher. I apologize in advance, as this many questions is not in my typical nature. Due to this short deadline that I have to get this done, I am trying to utilize the wealth of knowledge on here. Please understand how much I appreciate the responses
  11. Thank you all for the responses. I am learning more everyday. I was wondering about the defenses, and glad you pointed out they should be dropped from the answer, if I end up going that route. It would give the plaintiff more ammo to get their sh*t together before the next step. Let me ask you all this, if you were in my shoes, what would you fellow CIC members do?? I am extremely new to this and I am not sure how all of this works. I have searched these forums to find an example MTC Arbitration in FL, but did not find what I am looking for. How do I respond with a MTC Arbitration vs a Answer? Can someone point me in the right direction? I tried to reach out to Linda7, however my post count is too low so I cant send her a PM yet Thank you!
  12. Thanks for the awesome Pancake recipe eagle ha ha... Due to the time constraints on my answer, I have prepared an answer which I plan on mailing in tomorrow. Can anyone shed some light on this and advise what I need to change/add so I can get this thing sent out tomorrow? Thanks for all of the help! Here it is: (Plaintiff’s name & addy below) Zaki & Laki 123 Crazy Town Their City, US 90210 MY COUNTY 4TH JUDICIAL CIRCUIT COURT CITIBANK, N.A. Case No.: xxxx-11-A-BB Plaintiff, ANSWER vs. MY NAME Defendant ) COMES NOW the Defendant [MY NAME] in answering the allegations of the Complaint on file herein as follows: Count I 1. Paragraph 1 is Denied 2. Paragraph 2 is Denied 3. Paragraph 3 is Denied 4. Paragraph 4 is Denied Count II 5. Paragraph 5 is Denied 6. Paragraph 6 is Denied 7. Paragraph 7 is Denied 8. Paragraph 8 is Denied Furthermore, ALL allegations not expressly admitted herein are denied. The Defendant now brings forth the following Affirmative Defenses: AFFIRMATIVE DEFENSES As and for a first Defense The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the alleged debt on behalf of the original creditor. As and for a second Defense The plaintiff has not proven the alleged debt is valid or the amount of the alleged debt is accurate. A certified courier letter was sent to Plaintiff On August 15, 2011, requesting validation of alleged debt in which defendant requested breakdown of charges showing origination of account balance summating to the current alleged amount in Count I - Paragraph 4. Approximately eight months proceeding in the month of April 2012, plaintiff mailed defendant a packet, which included Exhibit A showing alleged balance of $5XXX. Plaintiff has failed to provide breakdown of charges showing accumulation of this alleged debt from origination to the current alleged amount. As and for a third Defense Plaintiff has alleged in paragraph 6 the “Defendant had business transactions between them and they agreed to the resulting balance” but has provided no proof of any business transactions or any agreement by defendant and original creditor that would constitute an agreement under Florida Statute 687.0304 (2) which makes it clear that a credit agreement falls within a class of contracts or agreements required. Dated this 24th day of JULY, 2012 [MY NAME] MY Address 1 MY Address 2
  13. LOL I like your style. I will check Linda7's posts. Thanks again for the info
  14. legaleagle - Thanks for the reply. The plaintiff is Citibank and "Zakheim & LavRar" is suing on behalf of Citibank. I will look for the form you mentioned to provide more info. Thanks
  15. Hello All. I am new to these forums and was hoping someone could help. I was recently served with a summons/complaint from a law office regarding an old CC account. I have 20 days to respond. Here is the breakdown: I was contacted by a law office in South FL last July (2011) regarding an alleged debt from CITI stating I owed approximately $5,XXX for a consumer Credit card in which I had 30 days to respond. I sent in a debt validation letter within 30 days, and requested the following: * Please dispatch copies of the following with your reply: 1. The agreement, which authorizes you to collect debt on the assumed debt. 2. The signed agreement from the debtor confirming to pay the debt. 3. The documents regarding the payments made on this account and validation of the amount. 4. Documents showing all charges/fees associated with this account, thus bringing the balance up to the entire alleged amount of $5,XXX. I did not hear a peep until about the end of April 2012. I received a packet from the law office showing about a years worth of CC statements with a starting balance of $5,XXX and an ending balance of $5,XXX. I did NOT receive: (1) any agreement showing the law office was authorized to collect I did NOT receive: (2) any signed agreement from me confirming the debt I did NOT receive: (3) documents regarding payments made on this account. (Except for the first couple of monthly statements showing payments, but not the entire account history) I did NOT receive: (4) any documentation showing ALL charges/fees associated with the account bringing the alleged balance up to $5,XXX. They only provided a years worth of statements. What I asked for is the breakdown of charges bringing the balance up to the alleged amount of $5,XXX. Still to this day I have no idea how this account was brought up from a $0.00 amount to $5,XXX. I did not respond to the last packet of mail received in April because it was not what I requested. I'm not sure why the law office did not send the requested documents, nor did the packet request a response. So fast forward to this month, July 2012. I was served with a summons which reads: ------------------------------------- SUMMONS Personal Service on a Natural Person The State of Florida You are commanded to serve this summons with a copy of the complaint in this lawsuit on defendant (me). COMPLAINT The Plaintiff sues the Defendant and alleges Count I-Open Account 1. This is an action for damages which exceed $5000 but do not exceed $15,000 2. The Def made purchase of various and diverse consumer goods and or/elected cash advances through the use of his credit account obtained from the Plaintfiff on account number ******XXXX (It lists ONLY LAST 4 #'S of acct number) 3. Def has failed to pay the balance due on the account 4. Defendant owes the Plaintiff $5,XXX that is due with interest according to the attached account (Exhibit A). Wherefore, Plaintiff demands judgement against the Def for damages $5,XXX and any further relief this court deems just and proper. Count II- Account Stated 5. Plaintiff repeats and realleges the allegations of paragraph 1 and 2 as if fully set forth herein. 6. Before the institution of this action Plaintiff and Def had business transactions between them and they agreed to the resulting balance. 7. Plaintiff rendered a statement of account to defendant and defendant did not object to the statement. 8. Def owes the plaintiff $5,XXX that is due with interest according to the attached account (exhibit a). Wherefore, Plaintiff demands judgement against the Def for damages of $5,XXX and any further relief this court deems just and proper. This comes from the attorney for the Plaintiff Can someone help me with an ANSWER to this? I am very new to all of this, as I have never been involved in any kind of lawsuit. Many thanks in advance!