NotSoGoodAtProSe Posted April 12, 2009 Report Share Posted April 12, 2009 The Plaintiff didn't show up for the first hearing and didn't notify me till 15 minutes before the hearing that he was canceling it. Last week the plaintiff canceled the hearing and he didn't send me a timely notice that the hearing was canceled, when I called in on Monday for the hearing I was told he canceled it on Friday. What should I do? Link to comment Share on other sites More sharing options...
Tex_Tea Posted April 13, 2009 Report Share Posted April 13, 2009 I would inquire of the court if the case had been dismissed by the plaintiff. If not, determine how to find out / get notice of reschedule. If dropped, be sure to retain your paperwork.I had a big law firm / JDB do the same thing to me. They dismissed and gave no notice. Sometimes they are just trolling for easy and convenient defaults. Link to comment Share on other sites More sharing options...
Tex_Tea Posted April 13, 2009 Report Share Posted April 13, 2009 Here is an idea, just in case. On 2/23/09, the user "vouch" went to trial and had his/her case dismissed without prejudice. He / she was wondering whether there was a way to get it revised to with prejudice. There was not, but "Methuss" recommended:"Next time, bring a motion to dismiss with prejudice to court with you already filled out and ready to go. That way you can just sign it and hand it to the judge when the other party fails to show."So, if you end up having to go to court, I would follow the advice above. If they do not show again or the judge seems open to it, you could go for dismissal with prejudice. If they refile, you might also consider it.Just an idea from twitchy-eyed "Methuss" I am putting in my list of things to remember.Good Luck! Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 Here is an idea, just in case. On 2/23/09, the user "vouch" went to trial and had his/her case dismissed without prejudice. He / she was wondering whether there was a way to get it revised to with prejudice. There was not, but "Methuss" recommended:"Next time, bring a motion to dismiss with prejudice to court with you already filled out and ready to go. That way you can just sign it and hand it to the judge when the other party fails to show."So, if you end up having to go to court, I would follow the advice above. If they do not show again or the judge seems open to it, you could go for dismissal with prejudice. If they refile, you might also consider it.Just an idea from twitchy-eyed "Methuss" I am putting in my list of things to remember.Good Luck! Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 This is a ''KOOKY'' attorney I'm fighting, after he filed this SLAPP suit against me he used my name and address on line, he accepted emails on my behalf, he admitted to it during a hearing and the judge didn't do anything. I think I passed the FDCPA statue, I think it's one year here in Florida,. Since he used my name, that would be fraud? and that might toll the time, but I'm not sure if the FDCPA even apply's to my case.During the time he was my attorney, he didn't do his job and would not file a claim against the mortgage company. He has a thing for a Mortgage forum where I found him. He posted my case info there and other stuff about me and this case he has against me. Link to comment Share on other sites More sharing options...
admin Posted April 13, 2009 Report Share Posted April 13, 2009 File a motion to dismiss with prejudice. Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 File a motion to dismiss with prejudice.On the gorunds that he didn't show up? Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 On the gorunds that he didn't show up?I'm not good with Motions, here's what I have so far. I was working on it yesterday.1. Plaintiff's failed to appear for it's first scheduled hearing on July 18, 2008, Plaintiff also failed to contact the Defendant or send a timely ''Notice of the Cancellation'' to the Defendant, this caused economic harm on the Defendant and her family, the Defendant had to take a day off from work to appear for the hearing. The cost of one day of work is: 124.302. Plaintiff failed to timely notify the Defendant that the scheduled hearing dated: April 6, 2009 would be canceled. When the defendant called in for the hearing at 11:00 am on that day, she was told that the Plaintiff had canceled on Friday. this again caused economic harm on the Defendant and her family, the Defendant had to take a day off from work to appear for the hearing. The cost of one day of work is: 124.30 Link to comment Share on other sites More sharing options...
Tex_Tea Posted April 13, 2009 Report Share Posted April 13, 2009 I saw your initial post explaining your family situation. You certainly have my sympathy and admiration for taking care of your family. I cannot think of a set of folks more deserving of some relief.A lot of new programs have come out very recently if you are still dealing with mortgage issues, so you may want to go back and see if you can get some relief there. It sounds like you have a lot of burdens and might even be able to fit into some kind of legal aid program, so check with the Florida Bar for them if you have not (There's got to be a few good lawyers in Florida).SLAP lawsuits are way beyond anything I have ever dealt with. SLAP lawsuits generally involve real estate, and as that is a major industry in Florida, you would think there would be some statutes prohibiting SLAPP suits. You may want to check that out, if you have not already.If I were in your shoes, I would be considering many complaints as far as the attorney is concerned, maybe starting with the State Attorney General and the Bar. But, if you suffered economic harm, you may want to pursue that first. As others have said in some prior threads, it sounds like you need some good legal counsel as this is getting outside the scope of a forum. The best I could tell you is perhaps go to:http://www.naca.net/The Find an Attorney tab might provide some local leads. They would probably at least talk with you initially for free.I just saw your two points. I am not sure of the surrounding facts and circumstances, but that sure seems irregular and a long time. Unless they are getting a continuance, I am surprised a judge would put up with it. Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 I filed a complaint against him with the FTC, and am working on the Florida BAR complaint. I feel the Florida BAR might be a waste of time, I have copies of complaints that some of his other ex-clients filed, they had the same problems as I did with him. I contacted the Pinellas County Police about him using my name and address on line, the Officer said he didn't think it would amount to much if I filed a complaint with them.I just found a ''MAL Practice'' complaint that was filed against him last month on the March 23, 2009.It would have been nice if he would have just done his job.Since he filed suit, he has also posted my private case info on line, he called it the ''Fog Post'' I have a copy of it. it's still on the web site. He's an attorney for his self, That's a pro se as far as what I have read so far. He's being granted attorneys fees against me, because I can't seem to answer the interrogatories questions to their satisfaction. I have done my best to answer questions that can't be answered, so far I have been sanctioned over 2,500.00. They want me to answer questions about people that post anonymous stuff on a web site forum. he wants me to provide the names of the owner of the web site, I gave them the email address, that the only contact I could find. and they wanted the names of the people that post there. I don't own the web forum, the web forum is about mortgage servicing fraud. I told them I have no way to find this info and gave them what information I could find. the web forum does not require you to be a member or use an email to post there. I don't know to much about web site's. I Motioned for a more definite statement, but that was denied. I live in north Florida , and have been denied transfer of action. the Judge said I would have to appear by phone and would have to show up in person for the trial and Jury sel. it clearly states in the Florida rules as far as what I have read, that at any time I may request a transfer of action. I don't have that rule right here, but I'm sure I'm close.I'm grateful for any help or idea's. Thank's Link to comment Share on other sites More sharing options...
NotSoGoodAtProSe Posted April 13, 2009 Author Report Share Posted April 13, 2009 He filed this stuff on the same day that hearing was to be for. 04/06/09 PLAINTIFF AFFD OF PROOF COSTS AND NON-MILITARY AFFD - NOT SIGNED F 04/06/09 PLAINTIFF AFFIDAVIT OF DUE DILIGENCE AND COMPLIANCE W/FS 48.161 F 04/06/09 PLAINTIFF MOTION FOR FINAL JUDGMENT F 04/06/09 PLAINTIFF MOTION FOR DEFAULT F 04/06/09 PLAINTIFF NOTICE OF CANCELLATION OF HEARING 040609 F 04/06/09 PLAINTIFF COPY REFERRAL REQUEST Link to comment Share on other sites More sharing options...
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