Jump to content

Question about Motion for leave to file a counter cross complaint


Recommended Posts

The lawyer I am fighting had an attorney working with him during the time he was my attorney.

I was lead to belief that this other lawyer was going to also be my attorney, when I first talked to them, it was on the phone and they were both talking to me about taking my case. I sent letters addressed to them and always sent email to both of them. They did the same thing, I got emails and letters with both their names.

I even have a letter that says that they no longer represent me. and he used the other lawyers name.

Now, I find out through litigation that this other attorney was only an ''employee attorney''. The reason that this came up was because I motioned to dismiss because the other attorney failed to sign the contract. Then the attorney I am fighting stated in his motion, that this other attorney was only an employee.

I want to ask the court for leave to file a complaint against the attorney I am fighting, and a also file complaint against the other lawyer.

My question is:

1. Would I need to file a Counter Cross complaint? 8-) 8-)

2. I want to file against them not as attorney's, but as a person, so that they will be considered a pro se? Like me. xdancex Can I do this?

3. Possible problem, My case was just set for trial, and soon I will have to go to meditation, that's a 150 mile trip one way. then I have a hearing on his motion to strike, and my motion to compel, and then I have a pretrial hearing, all this with in the next 30 days.

Is there a place I can find ''sample motion'' for some of the stuff I need? I found the one's with in this site, and thanks for posting that kind of stuff, it sure is helpful!

I need to file a motion for protection of a document as trail preparation materials, or?

I need to answer a second set interrogatories.

I need to write a motion to compel the second set of interrogatories to the plaintiff.

I'm still looking for an attorney. I have talked to a few so far, but no luck.

Is there any kind of help that I can look for that might provide a service, something like a paralegal that can help with the correct witting of motions and court procedures?

I am Thankful for any info or help. :o)

Link to comment
Share on other sites

1. Where in Florida are you? (NE, Central, South, etc.).

2. Are you in Small Claims Court, County Court, or Circuit Court? If you don't know, just tell me how much is at issue.

3. Why is mediation taking place 150 miles away? The case should have been filed in the county of your residence at time of filing. Google Florida venue and Florida Rules of Civil Procedure.

4. Contact the Florida Bar. They have been going after attorneys like nuts these days. They are currently on a crusade. I would post a link, but do not have enough posts to do so yet.

ATTORNEY/CONSUMER ASSISTANCE PROGRAM (ACAP)

651 East Jefferson Street

Tallahassee, FL 32399-2300

1-866-352-0707

5. You would likely have to file a separate action against the attorneys. Your post is confusing. Are you currently being sued by a collections company?

6. Have the attorneys properly filed a motion to withdraw with the court? In order to properly withdraw they would need your signature on the motion.

7. Pro se just means they are not represented by counsel.

8. For all your motions, look at the Florida Rules of Civil Procedure. There is a section on Motions. Once you file the motion you will have to contact the court and set it for hearing. Make sure you send a notice of hearing to opposing counsel and the court once you get a hearing date and time.

Link to comment
Share on other sites

1. Where in Florida are you? (NE, Central, South, etc.).

I live in North Florida, 20 miles from Lake City Fl, and about 40 miles from Gainesville Fl. :)++

2. Are you in Small Claims Court, County Court, or Circuit Court? If you don't know, just tell me how much is at issue.

I think it's county court, it's for not more than 15,000. thousand.

3. Why is mediation taking place 150 miles away? The case should have been filed in the county of your residence at time of filing. Google Florida venue and Florida Rules of Civil Procedure.

I have motioned for change of venue and transfer of action and was denied :confused: by the :Domina: Judge, she said I would have to :backpedal: appear for the trial but that she would let me appear by phone :Director: for all the hearings. I quoted the rules, but it didn't seem to matter :roll:.

4. Contact the Florida Bar. They have been going after attorneys like nuts these days. They are currently on a crusade. I would post a link, but do not have enough posts to do so yet.

Thanks for letting me know about them '':boxing: finelyxhitwallx ''going after the attorney's. I have been in touch with the Florida BAR since I first started having problems with this attorney during 2006. When he was withholding my file for more then 5 months.

I have been feeling discouraged, because during 2006 I found other people that filed complaints against this attorney for the same things he's done to me, I have copies of the complaints, the Florida BAR didn't do anything at that time, I've been feeling that it would be a waist of time.

Even though I'm feeling that they wont do anything, I'm still working on getting my complaints out. :dunno: Depression is making it hard. My helth is not helping. ::ambulance::

The Reason I hired this attorney or attorneys :lagerlouts: as I though. I needed help fighting a predatory lender named xpiratex Ameriquest, The lender didn't pay off things that were in the contract, I ended up having to pay off my truck, I found out that the lender also didn't pay the home owners insurance like was promised. then we were hit by 3 hurricanes, lost our house and stuff inside. that was during 2004.

After months of fighting this predatory lender and getting no where, they finely decided to settle with me in stead of answering questions. that was during April 2005, they agreed to replace our mobile home and have the damaged one removed. but then they never did, instead they said that they lost my file.

So I hired this attorney and what I though was his partner during July 2005. I told them about the mortgage company's offer to settle.

With in weeks of hiring them I found complaints posted on the net about the one lawyer. the complaints said that this attorney would not file suit against the lender, that he was delaying cases and holding fake settlement meetings. The complaints also said that he was with holding the files of clients that had fired him or were realest as clients. He even withheld the evidence of possibly 130 other clients that were to be used as evidence by one of the victims.

When I found out all of the above, I though WELL, this is just my luck!!! I guess I will have to try trust him/them and keep an eye on him/them till he/they proves them right or wrong, I SHOULD HAVE FIRED HIM RIGHT AWAY! I wish I had of.

I asked these attorneys to file a complaint, but they would not. I told the attorneys that I wanted to read any settlement offers, BEFORE they sent them out. But they didn't. I didn't even get to agree to the amount.... he asked for ''WAY LESS'' then I wanted to ask for.

Theses attorney talked me in to stop making the payments on my mortgage, and then would not protect me. I asked them to put an injunction, but they would not.

He must have sent out 5 or more settlement offers, I had to write him a letter and send emails asking him to stop. He finely stopped.

I asked him to contact ameriquest and tell them that we were going to file in 15 days, if they didn't resolve, Then I get invited to a settlement meeting during March 17, 2006, I told the attorneys I would NOT travel 150 miles one way to appear for a settlement meeting that they would not put in writing. Then ''he or they'' tried to blackmail me in to showing up for this settlement meeting during March 2006. He sent letters emails and called my mom saying that the 19 other clients settlements would be canceled if I didn't show up in person. that was and still is very upsetting. He did what he said he/they would do and he canceled the settlement meetings with all the 19 others. When he called my mom he told her that one of the people that was going to be at the settlement meeting had small children and was in danger of being foreclosed on. He later sent me letters to prove that the meeting were canceled, he even sent me a copy of the emails from the other sides attorneys, that stated that they would not reschedule till I would agree to appear in person. I still have a copy of the emails and the letter.

Since I have been fighting this attorney I found others that have complaints against him. I just found a ''MAL Practice'' suit that was just file on March 23, 2009, of this year. it's for MAL Practice and Breach of Fiduciary Duty, for more than 15,000.00. I found the case on line, it's in the same court house were I am fight him.

I'm sorry this is so long...

ATTORNEY/CONSUMER ASSISTANCE PROGRAM (ACAP)

651 East Jefferson Street

Tallahassee, FL 32399-2300

1-866-352-0707

5. You would likely have to file a separate action against the attorneys. Your post is confusing. Are you currently being sued by a collections company?

I'm being sued for Breach of Contract. He does not state an amount in his claim. He states that I accepted a settlement that he ''Drafter'' He does not provide any evidence of this contract he claims he Drafted. He posted stuff about this on line on a message board.

6. Have the attorneys properly filed a motion to withdraw with the court? In order to properly withdraw they would need your signature on the motion.

No, they didn't do anything like that, they never did file in court. He offered to file a claim after I asked for his permission to talk to a new attorney, He sent an email and said that I didn't need his permission to talk to ANYONE! Then they would not return my files like I asked.

7. Pro se just means they are not represented by counsel.

Thanks, I know what a pro se is, I'm one for the first time :confused:. from what I have read on line, even attorneys that are pro se are not allowed to collect attorneys fees as sanctions for work they do for themselves in court. Like in Kay v. ?, I can't remember right now they other name in Kay. also, there is a case involving Trope I think, and Quicken v. ? . I don't have all this info handy right this minute. If you Google Attorney pro se fees, it will show a lot of stuff.

I quoted all these cases and provided a copy, but the Judge denied my motion and so far I have been sanctions over 2,500.00 hundred dollars.

8. For all your motions, look at the Florida Rules of Civil Procedure. There is a section on Motions. Once you file the motion you will have to contact the court and set it for hearing. Make sure you send a notice of hearing to opposing counsel and the court once you get a hearing date and time.

I have to spend every free minute 88-) reading the Florida rules of civil procedures, case law, about motions, jurisdiction, pro se's, attorney ethics, violations, state laws, FDCPA, contracts and lots of other stuff. 88-)

Thank's so much for taking the time reply and for the info regarding the Florida BAR.

XhelpX Needed!

Link to comment
Share on other sites

http://thenickekonomideslitigationwebsite.blogspot.com/

This web site has some info about what I have had to deal with so far. I surly need to add more...xcoffx

I was having a :Blonde: and used a law in my defense, It's one of the few as in 2 motions I have been granted. it's called, ''Parole of Evidence'' how can I fix this?

I just added some evidence to my web site.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.