Final Summary Judgement

[HelpWithCitibankJudgement]

aug 17, I got a final summary judgement, I was not aware of a hearing, I was out of state and coutry over the summer, my attorney's license to practice law was suspended and he hasn't been around for about 2 years now. Now I got this judgement against me when I wasn't around by a "citibank" debt collection attorney, citibank charged off this debt and this guy representing himself as if citibank is suing me. I had no representation when the hearing took place and the attorney did not notify me of a hearing. All court docs went to the attorney who has been neglectful in the case to say the least. Few questions: The first thing I need to file is Motion to vacate judgement. Sould I represent myself since being represented by attorney has proven to just lining the attorney's pockets without any results. The debt collection attorney has violated consumer protection laws when he harassed me at work in 2006 and I got fired as a result of his actions. How do I fight back?

[Massive]

Fire your Esquire and then file a Motion to Vacate Default Judgment. Cite the fact you were never notified, nor served if that is indeed the case. Jump on this because if the facts are as you stated, then you should have a good case for your motion to vacate.

[FL4answer58]

aug 17, I got a final summary judgement, ... my attorney's license to practice law was suspended ... I had no representation when the hearing took place and the attorney did not notify me of a hearing. All court docs went to the attorney who has been neglectful in the case.

Few questions: first Motion to vacate judgement-To Set Aside Judgment-For Re Hearing.

Sould I represent myself? The debt collection attorney violated consumer protection laws ... harassed me at work ....I got fired as a result.

First - I would follow Massives' advice!

Then ASAP file a complaint with the local Bar association, include a record of affidavitt for evidence, then file your MTVJ. You will have the burden of proof, and the court will require a 'stronger' case of material facts to overturn the judgement.

Second - your option as Pro Se, your the only one who can make this decission - you can overturn as Pro Se - read, and re-read the FL Rules of Civil Procedure.

Third - Creditinfo center spells this out in detail here on this board at http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

It reads in part; (I have changed a little to reflect your needs)

"Explain your reasons for bringing the motion. State your "procedural defenses," that is, the good reason(s) why you did not respond to the summons and complaint on time or appear at a "show cause" hearing. For example:

•I was not served with a summons and complaint - check FL state laws here. Some states say that a non-certified letter delivered by US Postal service is all that is required to properly serve a complaint. Most states, however, require that you be served in person or at least get your summons sent certified, return requested mail. Here is a good link to double check you state and county procedures:

http://www.findlaw.com/10fedgov/judicial/district_courts.html

• I hired a lawyer to represent me (explain this situation, no hyperably, just the facts) etc, ......

•I was not able to answer the summons and complaint or appear at the show cause hearing because…

------------------------------------------

Also - In Florida; on SJ's...

Florida Rule of Civil Procedure 1.540( provides in pertinent part: On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons:… (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

*Cite relevant case AND RCP's to support and affirm your argument:EXAMPLE;

When exhibits are inconsistent with the plaintiff ’s allegations of material fact as to whom the real party in interest is, such allegations cancel each other out. Fladell v. Palm Beach County Canvassing Board, 772 So.2d 1240 (Fla. 2000); Greenwald v. Triple D Properties, Inc., 424 So. 2d 185, 187 (Fla. 4th DCA 1983); Costa Bella Development Corp. v. Costa Development Corp.,441 So. 2d 1114 (Fla. 3rd DCA 1983).

Florida Rule of Civil Procedure 1.130( provides in pertinent part: “Any exhibit

attached to a pleading shall be considered a part thereof for all purposes.” Because the facts revealed by Plaintiff ’s exhibit are inconsistent with Plaintiff ’s allegations as to its ownership of the subject debt and contract, those allegations are neutralized and Plaintiff ’s complaint is rendered objectionable. Greenwald v. Triple D Properties, Inc., 424 So. 2d 185, 187 (Fla.4th DCA 1983).

This is a start, hope it helps.

Edited September 21, 2010 by FL4answer58

[FL4answer58]

Also read:

David9041 and FlaLawyers discussion on “acts of an attorney are directly attributable and binding upon the client”

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299664&highlight=FlaLawyer

[HelpWithCitibankJudgement]

I am not an attorney so I need help following the proper procedures.

In Sarasota county, Florida, what form do I use to fire the attorney?

[HelpWithCitibankJudgement]

Thank you for your response, it is very helpful.

But being not an attorney, I just need further clarification if you don't mind.

When I file complaint with Florida Bar I should file the record of affidavit for evidence? Is record of affidavid for evidence a Florida Legal Form I sue?

Can you ellaborate a bit on how I do this. Thank you graciously.

[FL4answer58]

complaint with Florida Bar (Call, they will direct you to next step)

Simple complaint - even a letter of record on your action.

affidavit for [your] evidence, A party could title it "Affidavit of Claim"

Use the same claim outlines, layout and fonts as your local court forms.

A party to a claim would type out claim [what you said above - lawyer, etc]

Read it out loud and it in front of a notary, get notorized, done.

These docs would then be availabe for a party [you] to use in appeals or if still within RCP time requirments - maybe 10-20 days of SJ.

Yours situation on Final SJ ...sounds more like you may have to appeal.

Check your dates using RCP [Rules of Civil Procedure] on how long you have to reply.

If time you can always amend whatever the lawyer who represented you did.....if he did nothing, did not file an answer [affirmative defenses], then back to appeal process.

See, Case Not Fully Adjudicated on Motion

Edited September 22, 2010 by FL4answer58

[HelpWithCitibankJudgement]

Thank you guys, I filed complaint with Florida Bar, Attorney General and FTC.

and prepared the motion to vacate final summary judgement. Is there anyway that I can have someone look at it to give me feedback how I can make it stronger. I cannot send a private message yet because I only have 4 posts so far. I was a busy bee trying to get some concrete legalese put together. It would be so very very helpful if I can have an attorney or two from this forum give me some feedback on what I got here.

[HelpWithCitibankJudgement]

This post was very constructive in my abitlity to draft the motion to vacate final summary judgment. thank you.

[HelpWithCitibankJudgement]

This is what I filed for my MOTION FOR ATTORNEY WITHDRAWAL (please don't laugh )

The Defendant, xxxxx, paid the attorney xxxxxxxxxxx $5K to represent the Defendant in a $12K case filed by debt collector xxxxxxx. The attorney xxxxxxhas been negligent in the case and the attorney’s license to practice law was suspended when the hearing for Case No: xxxxx was held on May 20th at 10:45 am. The attached suspension from the Supreme Court of Florida shows dates of suspension Thursday, July 2nd. 2009 until July 2nd 2010. Last time I spoke with the attorney was September 2009 that was when I filed my first complaint against xxxxxxxxxxxxxwith the Florida Bar. In our telephone conversation the attorney xxxxxxxxxxxxx claimed to have sustained brain injury in an accident over a year ago.

Defendant's motion to for attorney withdrawal submitted this 22nd day of September, 2010.

[HelpWithCitibankJudgement]

Yes, I am affraid that the attorney for Citibank will say, but your attorney was notified my mail. That's florida law. Still because he was suspended I am assuming that maybe that's why he was not required by law to communicate with anyone.

[HelpWithCitibankJudgement]

Thank you sooooooooo much. I am so relieved that I can have my own voice back in court without the attorney hampering things, now that he'll be out of the picture.

[FL4answer58]

Thank you sooooooooo much. I am so relieved that I can have my own voice back in court without the attorney hampering things, now that he'll be out of the picture.

I PM'd you back - Add

[admin]

OK - you forgot one thing - is this less than a year old? It was just granted over the summer? If that's the case we're ok.

Really the basis for your motion to vacate is simple. You were not served properly (unless Missouri says you can be served via the mail). If Missouri service requirements allow service by mail, you will have to show that there is no way you could have known about the court date. Not sure what this is called in legalese, but in most cases simple language suffices.

[FL4answer58]

What Admin said - same as PM

She is on point.

The main hurdle to overcome 'Relief from an Untimely Notice'