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I WON!!!


tgonza
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Was being sued by collection agency through a law firm in Florida. I did everything in the book.

A brief history of the case for those of you that are worried about how the process goes once you're sued:

First, brought up jurisdiction since colletion agency wasn't registered in the state as an out of state debt collector. Judge didn't care too much about that.

Then, claimed statute of limitations under 4 years "not a written instrument" argument.

Next, denied their motion to allow testimony by phone since both parties have to agree under Florida's Judicial rules on Electronic Communication Equipment.

After responding to their request for production, interrogatories and admissions filed my own.

They didn't reply, so I did a motion to compel and the judge granted an order for them to produce documentation.

Again they failed to comply, so I filed a motion for Contempt.

Finally, filed an amended return with counterclaim on FDCPA violations. This was probably my biggest mistake since I waited too long for the Counterclaim. Didn't know any better at the beginning of the case.

By the time the trial came, opposing attorney settled with me before the case "dismissed with prejudice". I kindly accepted since the outcome is never certain when it comes before a judge. No one will ever bother me about this account again, and if they do, I'll be ready now.

Thanks to all members on this board. I wouldn't have been as confident or knowledgeable without you all. Best of luck to all of you and if you need any info on Motions (Allowing testimony by phone, strike, contempt, enlargement of time) or need statutes on FL sol, debt collection agency registration send me a pm or reply to my posts. I'll be checking in occassionaly.

DISCLAIMER: I am not a lawyer. I am not offering legal advice, just what I learned in my experience. All cases vary and you should consult a lawyer if need be.

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