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BofA Didnt Supply Me with a Copy of Motion


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Looked up my case on the volusia site today, looks like they sent a motion to appear telephonically which showed up on the Docket Monday.

I have yet to recieve a copy of this and I am a block away from the courthouse.

It takes a day to process the paperwork and appear on the website. More than likely they recieved the motion on Friday, and it appeared Monday. I have yet to recieve a copy.

Is there anything I can do regarding this? Fl. Civ. Procedure says they must furnish the other party with all motions.

Can I use this also to attempt to deny the motion for rehearing on Tuesday?

Here are my current arguments against rehearing:

1. Plantiff failed to follow Fl. Civ. Proc. by failing to respond to Request for Documentation within thirty days, rule 1.350(B).

2. Plantiff failed to follow Fl. Civ. Proc. by failing to make a motion to appear by phone within a timely manner for hearing for dismissal with prejudice, rule 1.090(d).

3. Evidence supplied with summons is insufficient. Should be denied according to rule 1.530(e).

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Guest FloridaDebtor

i had received both my telephonic appearance filed by the attorney for his lazy butt so he wouldnt have to leave his office or hire someone else, by usps in the mail. i asked the clerk about them, and she told me what they were and was told they didnt have to be sent certified return receipt so i dont believe you could argue much that you didnt get it since it would be hard to prove either way....not much about it either. it's only a request for him to do his deed from the comfort of his office or house. not really a legal stance....

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If they didn't respond to your request for production of documents, you should file a motion to compel production. I don't know about Volusia County, but here in Hillsborough County, the judges are pretty lenient about requests to appear by phone and the amount of notice given. And judges are pretty much a law unto themselves. I objected to service at work and the case law and rules clearly state service should be made at usual place of abode. The judge didn't care; he let service stand. We have a judge sitting on the county court bench right now who never did any litigation work; he was a tax and estates attorney.

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Well, if the motion for rehearing is approved, I'll make a motion to have the rehearing right then and there. School starts in a week and I cant afford to have this crap continue on for another few months.

Is there any case law to show what is required to prove an alleged debt? I know we have Asset vs. Fernandez, but what else is out there?

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Guest FloridaDebtor

in some states, they are required to provide with the filing summons or claim, all the intruments needed for them to claim its a written instrument to make it a written contract. if they dont, you could argue that it must be then treated as oral contract and reduce the sol time. and make sure it is from the OC or its heresay beecause without copies from the oc and authenticated, its not having personal knowledge and heresay

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I argued it as an oral contract at the dismissal hearing, judge agreed. However, there is no proof the account is even mine provided with the summons. Summons said "amount of 6516" and "had a credit card" with the Terms attached.

I also recieved the order for them to appear telephonically today as well, sent from the attorney, not the courthouse.

wtf is goin on?

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RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS

(a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which

action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings,

shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The

pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments.

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Guest FloridaDebtor
I argued it as an oral contract at the dismissal hearing, judge agreed. However, there is no proof the account is even mine provided with the summons. Summons said "amount of 6516" and "had a credit card" with the Terms attached.

I also recieved the order for them to appear telephonically today as well, sent from the attorney, not the courthouse.

wtf is goin on?

that telephonic order is just so that they (the attorney) does not have to appear in person. he doesnt want to waste his time going down to the courthouse which shows his true interest in this. i had them in mine and it didnt bother me one bit in the end...they dismissed it the day before my hearing.

as for the required attachments...if its not filed with the summons or cause of action in the claim, they can NOT use it...so if you dont see it, its not there and more than likely, they dont have it..use that to your advantage.

and remember...in FL, the terms alone is NOT enough to make it a written contract, thus making it oral....there is case laws to back this up in the appeals court in FL

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