Kylie Posted December 30, 2004 Report Share Posted December 30, 2004 Hello,Can anyone tell me exactly what to expect? I've read many threads here about receiving a summons, or being sued and answering the summons, but this document doesn't have anything to answer....Is this just a preliminary? I'm sending off DV to CA today....pretrial conference is Jan 5th....Help!!! Link to comment Share on other sites More sharing options...
admin Posted December 30, 2004 Report Share Posted December 30, 2004 Are you going to small claims, civil court, federal court?? Link to comment Share on other sites More sharing options...
Kylie Posted December 30, 2004 Author Report Share Posted December 30, 2004 paperwork says "In the County Court...." Link to comment Share on other sites More sharing options...
Kylie Posted March 1, 2005 Author Report Share Posted March 1, 2005 ok so I requested validation and at the pre-trial hearing told judge ...so he granted plaintiff (CA) 60 days to produce validation and moved to set another court date. (At this point, I'm definitely feeling like I'm gambling here)CA is for Excalibur, an assignee of Providian Financial. Excalibur is not licensed in FL. Now excalibur filed motion for discovery and I've recieved notice to be in court Mar 9th. Now what do I do? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 1, 2005 Report Share Posted March 1, 2005 http://www.artofcredit.com/phpBB2/viewtopic.php?t=1182I believe flyingfir said it best. Who does the atty work for? is he an in house guy or a local law firm? Link to comment Share on other sites More sharing options...
Kylie Posted March 1, 2005 Author Report Share Posted March 1, 2005 thank you for the info...great link! The atty works for a local firm....Erskine and Fleisher....Next question: I actually cannot go on the 9th...how do I request a reschedule? Link to comment Share on other sites More sharing options...
admin Posted March 1, 2005 Report Share Posted March 1, 2005 You have to file a motion, and your reasons have to be good, not something like "I have to go see my kid's play" or "I have to see the dentist" or "I will be on vacation". It has to be something legal. Link to comment Share on other sites More sharing options...
Kylie Posted March 1, 2005 Author Report Share Posted March 1, 2005 thanks admin. I am scheduled to be out of town but its not critical...wonder if "business" is a valid excuse? Link to comment Share on other sites More sharing options...
Kylie Posted March 1, 2005 Author Report Share Posted March 1, 2005 Bigcraig & admin, hope you don't mind but I've still got a few ?? and hoping to find some answers by pasting part of the Request for Discovery into this message. Am I supposed to be answer something or is Exacalibur requesting info from Providian? See below:COMES NOW, the Plaintiff, EXCALIBUR I, LLC. assignee of PROVIDIAN FINANCIAL, by and through its undersigned counsel, and files this its MOTION FOR DISCOVERY, and would show unto this Honorable Court the following:1. That pursuant to the Small Claims Rules, the Plaintiff cannot institute discovery without approval fromthis Court.2. That the undersigned's office has received a request for validation of the debt (a copy of same is attached hereto and incorporated herein by reference).3. That pursuant to the Small Claims Rules, the Plaintiff cannot institute discovery without approval of this Court. By virtue of the fact that the Plaintiff, purchased the underlying debt a prior credit grantor, the Plaintiff does not have access to all ofthe predecessor in interest's records that the Defendant may be seeking given their request.4. It is the request of the Plaintiff that it be allowed to institute a Request for Production of Documents without a Deposition pursuant to Rule 1.351 of the Florida Rules of Civil Procedure and serve same upon the prior credit grantor to obtain all the documentation at its cost in order to satisfy the request of the Defendant.5. Simultaneously herewith, the Plaintiff has filed with this Court a copy of the proposed Subpoena pursuant to Rule 1.351 of the Florida Rules of Civil Procedure.WHEREFORE all premises considered, it is respectfully prayed this Honorable Court grant the foregoing for the reasons as stated aforesaid Link to comment Share on other sites More sharing options...
KentWA Posted March 1, 2005 Report Share Posted March 1, 2005 They are asking the court to grant them a Subpoena so they can attempt to comply with the DV request. Now you have them jumping through your hoops and encurring extra costs to collect. Eventually they are likely to cry uncle and want to settle or just drop it.How much is this for and how old is it? Link to comment Share on other sites More sharing options...
Kylie Posted March 1, 2005 Author Report Share Posted March 1, 2005 Wow, so this is a good thing? I thought I was going to have to produce something...why do I have to go to court if the CA is trying to get info from the OC? Believe it or not, the original amount was $500.00 (now up to about $1,600 (give or take a little) and I believe...the best I can tell the DOLA was 2000. I'm in FL....can't believe this one is even being pursued!!!!! Link to comment Share on other sites More sharing options...
glarco Posted March 1, 2005 Report Share Posted March 1, 2005 Thanks guys for this excellant post. Some good information here. Link to comment Share on other sites More sharing options...
sand Posted March 2, 2005 Report Share Posted March 2, 2005 Kylie, How and when did you ask for validation? I have a post "summons and out of time, don't know what to do." I am reading your posts to gather information. I am in the process of answering the complaint. Did you add a separate page to that?????Thanks Link to comment Share on other sites More sharing options...
Kylie Posted March 2, 2005 Author Report Share Posted March 2, 2005 ooooohhh I asked for validation about 3 days before the pre-trial conference. Sent it CMRR with a copy to the clerk of court. I didn't post it anywhere, but got one of the templates here somewhere on this sight.....I was just "winging it"....based on some of the threads here. I'm still not sure if I'm supposed to be answering anything...or just being summoned to court for the discovery of Providian. Link to comment Share on other sites More sharing options...
sand Posted March 2, 2005 Report Share Posted March 2, 2005 Very good. And good for you. We had a small claims once and had a vacation planned when we scheduled in court. I called the court and talked with one of the clerks. We told her we had a long planned vacation. She asked the judge and he gave us a continuance. He even called us personally and told us how important a vacation was. Our case was later dismissed. Good luck. You are doing great. Link to comment Share on other sites More sharing options...
Kylie Posted March 2, 2005 Author Report Share Posted March 2, 2005 THanks Sand and good luck to you. Link to comment Share on other sites More sharing options...
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