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  1. Hello, I have read up on this thread and I can say that this has been a tremendous help to know that I am not alone. If I may I need a little help in my case. I have been summoned for a pretrial conference with a court date for in about a month. I looked for the part where it said response in my summons but i couldn't find one. There is no 20 - 30 day response just a mandatory request to show up without any witnesses. I did check the lawyers office does exist and the complaint has been filed in court. I wanted to know how do I go about submitting a debt validation? Do I bring it to court that
  2. My spouse represented self Pro Se small claims against a JDB. It was as many said it would be, a cattle-call of lawyers matched against defendants where most who showed up settled in mediation. The judge’s assistant (JA) runs the pretrial conference in our area. The JDB’s lawyer was a no show. The JA called out their (JDB Lawyers) name twice during the first hour – no show. We thought great – motion to dimiss (a)Plaintiff. If plaintiff fails to appear on the initial appearance date (pretrial conference), or fails to appear at trial, the action may be dismissed for want of prose¬cution, The J
  3. First of all I would like to thank cic for all of your great advice. Currently, I am waiting for the 3rd pretrial conference. The plaintiff's (CAP1) lawyer says he will recommend a hardship dismissal to CAP1- but he needs tax records for the past 2 years for hardship screening. I am self employed, taking a loss every year. Would it hurt to provide this tax info to CAP1? Thanks.
  4. Hi all thought I would start a new thread.. I am working through my Motion to Dismiss. After much reading, Federal statute claims that Motions can only be filed before any pleadings..and I am thinking it says the same for our local statutes: B. HOW PRESENTED. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: 1. Lack of jurisdiction over the subject mat
  5. OK, I have studied and read till my eyes bleed. I showed up for pretrial conference. I denied all allegations and asked for a trial. I filed motion to continue, then I filed a motion to produce,and waited my 35 days.then I filed motion to dismiss as no docuentation or documents have been produced by plaintiff - MIDLAND FUNDING. I then filed a motion to dismiss and am going to court on Tuesday. What do I need to know and expect at trial so I can get this thing thrown out of court? Should I file my motion and fax to compel ASAP before court, or just wait to see what happens with the motion to
  6. I have quite a few posts regarding my situation, so here is a brief rundown... Sued by Cap1 with Debt Collection Attorney, answered complaint. Answered Plaintiff's discovery, sent my own, which I just got back the other day. Had a pre-trial scheduling conference on 9/11, with bailiff "presiding", no dates were discussed. Checked the court website, no pre-trial orders have been input. According to my court's rules - A. At the initial pretrial conference, the Judge will, among other inquiries, determine the status of the case with reference to settlement: 3. Every case that has not been re
  7. I'm being sued by Discover in county court in Florida (I don't think it's small claims, as the summons says that an attorney can appear for me) for just under $3000. I believe it's actually Discover - they're listed as the plaintiff, although the firm listed on the summons and the letters I've received have been from a law firm billing themselves as "Attorneys in the practice of debt collection," and all of their correspondence, including a letter I received after being served, state "this is an attempt by a debt collector to collect a debt." I received a summons at my home via a sheriff (or
  8. Hi everyone, I'm being sue by CapitalOne and I've being served. Here's what the SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE/MEDIATION says: "CAPITAL ON BANK (USA), N.A., a corporation Plaintiff. vs. MY Name. Defendent, _____________________/ SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE/MEDIATION STATE OF FLORIDA - NOTICE TO PLAINTIFF AND DEFENDANT(S) MY Name My address YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at Nort Dade Justice Center, (address........),
  9. I just submitted my answers (see below) last FRI. How do they look? Is there anything I should be doing in the meantime while I wait for the pretrial conference on SEPT14? IN THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION STATE OF HAWAI’I Case No. xxxxxxxxxxx CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff Vs. FIRST AMENDED ANSWERS, DEFENSES AND COUNTERCLAIMS ME Defendant ANSWERS Defendant, ME, appearing pro se, for its reply to the Plaintiff’s FIRST REQUEST FOR ADMISSIONS AND FOR ANSWERS TO INTERROGATORIES states as follows: All Answers correspond to the numbered requests for admission
  10. Back in May I had a pretrial conference with Midland and let the attorney know I demanded proof that this debt is actually mine. He asked for my SS# and said he could be able to verify it over the phone. I told him if this was actually my debt he would be able to tell me what my ss# is or at least the last four no's. He froze and said I should look into filing identity theft and get back with him. That was it. Have not heard from them since. So I went down to the courthouse yesterday and checked on my case and it just says "case closed". What are the next steps I should be taking to ac
  11. During what part of the legal process can I request for production of evidence/documents? Discovery While answering request for admission? During pretrial conference? Mahalo
  12. Had Hearing , Lost on all Six MOTIONS need to Figure out why ? Had Hearing and Pretrial conference on three cases , ( 2 were mine and 1 my wife's ) Had 3 MOTIONS TO QUASH SUMMONS and 3 MOTIONS TO DISMISS all 6 were denied . No explanation as to why , this bothers me . I ask the Judge if I would receive a reason as to why ? He said yes . It is in Florida Small Claims County Court , I have several questions : 1 . How do they notify me ? , 2 . How soon ?, 3 . And can I put in a second motion to ask for reconsideration or in some way appeal his decision ? ( How much time do I have to do somet
  13. Question ? The court granted me Discovery at the Pretrial , Plaintiff has all my requests . Now the plaintiff sends me a ---- PLAINTIFF'S OBJECTIONS TO DEFENDANT'S REQUEST FOF ADMISSIONS AND INTEROGATORIES ---- 1 . Plaintiff objects on the basis that the information requested is not relevant to the subject matter of this lawsuit and is not reasonably calculated to lead to the discovery of admissible evidence .FRCP 1.280 (b )(1) . " It is axiomatic that information sought in discovery must relate to the issues involved in the litigation , as framed in all pleadings " Krypton Broadcasting of Jac
  14. Well first off I would like to thank everyone who helped me out regarding my situation. I was served by Cap 1 back in Feb. of this year. My pretrial conference was set for this week and it has been cancelled because the attorneys for Cap1 and myself were able to reach an agreement. This is what I had hoped for all along, most importantly no judgement. Also, I got them to settle at 50%. Which makes me think that my defense of VA law governs may have held up in court. I guess I will never know. Anyways I am just glad to have this behind me. Hopefully Cap 1 will stop reporting as a charge-
  15. Hi , I am new to this forum and don't have a clue to what I am doing , but I need some advice . I have been served to appear in court ,I am being sued by Capital One ( credit card debt ) it states -- Summons/ Notice To Appear For Pretrial Conference / Mediation -- Law Firm involved is Rubin & Debski , complaint states 2,603.13 plus interest , I called them , they said the total is 4,000.00 . We were in an accident 2 / 28 / 07 , by the end of 2007 I could no longer make any payments because of medical and living expenses , I notified Capital One by letter about my situation and requested t
  16. NEWRYMAN , sorry that I am messing this up so bad on this forum , I am starting to understand it better . The summons was given to me 5/20/09 , SUMMONS/ NOTICE TO APPEAR FOR PRETRIAL CONFERENCE/ MEDIATION , It states the case will not be tried at the pretrial conference , but may be mediated at that time . On the COMPLAINT section No # 6 says Defendant owes Plaintiff 2,603.13 plus interest . What have you done so far as regards answering the summons? The plaintiff is Capital One Bank and the lawyers are Ruubin & Debski , all I have done so far is called the law firm , they told me the amo
  17. Hi , I am new to this forum and don't have a clue to what I am doing , but I need some advice . I have been served to appear in court ,I am being sued by Capital One ( credit card debt ) it states -- Summons/ Notice To Appear For Pretrial Conference / Mediation -- Law Firm involved is Rubin & Debski , complaint states 2,603.13 plus interest , I called them , they said the total is 4,000.00 . We were in an accident 2 / 28 / 07 , by the end of 2007 I could no longer make any payments because of medical and living expenses , I notified them by letter about my situation and requested they fre
  18. david9041 david9041 is online now Newbie Newbie Join Date: May 2009 Location: florida Posts: 3 david9041 Member of the club Default Summons/ Notice To Appear Hi , I am new to this forum and don't have a clue to what I am doing , but I need some advice . I have been served to appear in court ,I am being sued by Capital One ( credit card debt ) it states -- Summons/ Notice To Appear For Pretrial Conference / Mediation -- Law Firm involved is Rubin & Debski , complaint states 2,603.13 plus interest , I called them , they said the total is 4,000.00 . We were in an accident 2 / 28 / 07 , by th
  19. I recieved a summons today to attend a pretrial conference being sued by Harvest Credit Management on behalf of Barkleys bank. This is in the State of Florida and their is no place to respond just says I am required to attend the pre trial conference..I would like to try to delay this for a month or two and not sure what I can do for a delay or by simply showing up I can get this put off for a few months before going to trial. AT this point in time I believe were basically judgement proof..No assets no money, no income except $1000 in monthly unemployment which is soon to run out..this is wha
  20. So, today I had to go to a pretrial conference for a credit card from 2003, last payment made was March 2004. They tried to sue in June of 2008 never got served. Then got served in April of 2009. The summons had nothing attached to it. So obvisouly they had no evidence. I went to court today, sat down. Guy in a suit came over grabbed my papers and told me to follow him. Sat down at a Table(judge or mediator was not there), told me it was for a credit card and the people who are suing were nice people and wanted to work something out. I told him that they had no proof and it was out of SO
  21. I have been searching for days on how to answer or file the disclosure statement. I did finally find a form from another AZ county to pull from. But, I am stumped on what to say. I am required to say who I am calling as witnesses (no one), what my testimony is (not sure, but giving it a shot below), and legal theory (????)...among others. I'm going to put the questions here with what I think should go as my answers. I'll also post the JDB's disclosure statement. The JDB has not provided any signed contracts or receipts, not even an account number for the alleged OC. They attached a nota
  22. My husband just got some paperwork in the mail from Bennett & Deloney and I am not sure what I do next, I posted on here previously asking about Midland, we already received the summons and answered back with a debt validation letter. Now they have sent my husband a letter that states, per your request you will find documentation providing verfication of the debt. Attached to this is an affidavit in support of judgment. It reads as follows: BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, and who after being duly sworn deposed and says as follo
  23. 1. Who is suing you? PROFESSIONAL INVESTMENT AND FINANCE, LLC. ASSIGNEE OF CHASE 2. For how much? 1400 3. Who is the original creditor? CHASE 4. How do you know you are being sued? THEY ARE REQUESTING A PRETRIAL CONFERENCE...SO I ASSUME I'M ON MY WAY 5. How were you served? Were you served? BY A SHERIFFS OFFICER, UH...YES 6. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE, I WAS PAST THE INITIAL 30 DAY DEBT VALIDATION PERIOD, AND WAS TRYING NOT TO WAKE THE SLEEPING GIANT BY GETTING THEIR ATTENTION...DIDN'T WORK 7. Where do you liv
  24. an assignee of Chase is requesting my attendance at their little "courtroom ball" in Florida.. Is there a list of steps that I should follow? I've never been involved in legal proceedings and am curious what my options are???? I do see they up'd my original credit card limit from 700 to 1400 to match what they charged off, but aside from that everything else seems legit to my untrained eye?? I have a month before I have to appear in court... yikes.... thanks for the help
  25. I need some advice and after reading all input I am a little confused. Received a summons on an old credit card account. Lowes acct charged off 3/2007. The papers included with the summons are as follows::Old copies of statements for two or three years then affidavit of sale from GE Money bank and sold to CACH LLC.Next is a bill of Sale from GE to CACH then Certificate of Assignment to CACH LLC, Business Records Affidavit from CACH LLC stating that this person is a custodian of records for CACH LLC. An Affidavit of Indebtedness and certificate of assignment state of Colorado with the heading o