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Court hearing for Nov 29 2005


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hello guys and thanks for all the help so far, here is my problem about a month ago I was served to appear in court in FL which I'm not a resident there, I currently reside in CA, but me and my dad share the same name so he accepted the paper from court thinking it was for him just to realize it was me :?, after that I came to this board and found out a different steps I could take, I DV the law office and the CA but they haven't replied with any information in the past 3 weeks, but today got a call from the lawyer in FL saying they were going to go to the hearing no matter what, I asked repeatedly about the DV and he would change the subject, now my fear is since I cant go to FL next week they will win a judgment since I'm not there to show proof that they haven't Validated the debt is there anything else I can do regarding this matter ?

Also the law firm is representing North Star Capital Acquisitions LLC which I have read is a joke

thanks for your help

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When they found out you were out of state, that's blood in the water. They are going for the quickie default and likely hit your bank accounts next.

My educated guess would be attempt to do a vacation of judgement since it would be a hardship for you to attend this hearing. Or petition the court by mail that you cannot attend since you do not live there and have not lived there for XXX months/years.

If it were that easy, then all lawyers would go to some obscure court in BFE to get their quickie judgements. Oh wait they do it's called the NAF.

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You were not served, your dad was served and should be the one going to court! All he needs to do is show up and explain it is not his debt and doesn't know whose debt it is. The judge will require the Plaintiff to go back to square one. Acceptance of a summons does not mean a judgment will be rendered to someone, nor does non acceptance of a summons mean no possible judgment. If time permits you could write or fax the court and explain where you live, how long you've lived there and that you were never served. Also note, that once a lawsuit is filed it is too late to request DV! You would need to request Discovery which is the same thing.

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A CA's failure to respond to a DV is not a defense to a suit. What is a defense is the FDCPA requiring the suit to be filed in either the county you live in or the county the contract it was signed in.

I would contact the court to file a request for dismissal for improper venue

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divemedic thanks for all your replies once again, but today after trying for a couple of hours i convinced my dad to go to court instead of me, that way he can prove bad serve, remember we share the same name no jr or sr which will be easier to prove its not him ! thanks for your help and i hope the case will be dissmissed. will follow ghacorp advice and they will be back at square one, hope it goes away SOL is only a few months away !

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If the summons was the first contact, you CAN timely DV them, and regardless you can ALWAYS DV timely or not. If not timely you just lose the whole "no collection activity until..." aspect of FDCPA protection. SOunds like it was your first contact, and you DID timely DV them, so actually continuing the court case may be FDCPA violation for continued collection activity.

Also in your DV did you "dispute" the debt, this closes the loop where they have to inform the CRA's they reported to that it is in dispute. If they dont you trap them with FCRA violations. Monitor your CReports and if the dispute isnt reported, then dispute the TL with the CRA's... acct status line... and hope the creditor just verify's. Do it again after the CRA responds. If they still verify you have them on not just a FCRA violation but WILLFUL noncompliance, which opens up punitive damages clause.

You shouldn't have to go to FLA, simply calling the clerks office and getting the mailing info for them would have been fine. Then file a simple motion, motion for summary dismissal for improper venue.

I have no doubt the judge would agree without any hassle.

Since you are going, and this is likely smallclaoms with the ability to modify answers/counterclaims at any time, countersue for the plane fare for having to come out to FLA to defend against this clearly NUISANCE lawsuit.

________

Digital Scales

Edited by uwackme
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  • 2 weeks later...

quick update on my situation:

My dad went to court for me and he told the judge this was not his account and that it was a mistake, he also went on to say that maybe it belonged to one of his son's and of course that is me ! but i live in Califonia not Florida , the judge look at the paper work and replied saying this lawsuit was for you "my dad" but the papers have no date of birth or social security # on them just our name which we share no jr or sr at the same time she told the CA lawyer to bring proof January 13 next court date that this account belonged to my dad or the case is dead. Now the CA is screwed because our socials don't match and of course we don't share the same birth date, any opinions if they would try to sue me in California instead of FL ?

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Don't forget to report that attorney to his State Attorney General and Bar Association.

Going to the hearing anyway? To do what? Get a bogus judgment? Pffft. Chalk up a nice ethics violation.

You're assuming lawyers *have* ethics. That's stretching it a bit...

Except for RA and Equaliser of course :D

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Don't forget to report that attorney to his State Attorney General and Bar Association.

Going to the hearing anyway? To do what? Get a bogus judgment? Pffft. Chalk up a nice ethics violation.

ill have my dad do that since they served him instead of me knowing i reside in CA for the past 4 years also SOL is very close they trying hard now

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DONT go, the judge with you there might hold the trial on the spot. Let them suk egg, send your dad a nice gift cert for his fav restraunt for all the trouble you put him through ;-)

Instead you lie in wait in Cali, and when the next one finally FINDS you, you are fully prep'd to timely DV, etc, etc. Trap them in FCRA FDCPA violations, and win settlement $$ from them for underestimating you.

It's like having a savings acct you forgot you had, and THEY remind you!!!

________

Extreme Q

Edited by uwackme
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