Help with Lawsuit in Florida

[1artisan]

I received a summons for a Pretrial/Mediation here in Florida for November 1st. My question is I don't know how to handle this. It states Mediation might take place during this pretrail conference. I assume I will face the attorney in the presence of a mediator in some back room. I don't know exactly how to approach this because I'm sure the attorney will start firing away at me. This is for a credit card debt and the attorney is representing the original creditor. Does anyone have any advice on how I should handle this in court? and what to expect so I won't be blindsided?

Edited October 26, 2010 by 1artisan
Add the court date

[tigra]

Who is the bank and attorney suing you? Im going too on November 1st in Broward county

[1artisan]

I'm in Hillsborough County

[tigra]

I might be able to suggest a certain approach, but it wont work with all creditors in small claims. Who is the bank suing you?

[1artisan]

The credit card company is Citi Bank.

[tigra]

Damn it. I was going to suggest arbitration, but Citi excludes small claims court cases. I am in the same boat right now. Dont tell me that the law office is Patrick Carey? Thats the pricks that are after me:(

[FloridaGator2]

Some tips for Florida:

1. File an answer

2. Show up for Court

3. Don’t act like an attorney or use words that make you appear like one.

4. Do not admit the debt is yours (I HAVE NO RECOLLECTION) is all you need to say.

5. File a “Motion to Strike” if no/compelling evidence is provided in the initial pleading by the Plaintiff against you.

6. If the “Motion to Strike” is granted … You’re done!

7. If not … Demand a Jury Trial and ask the Judge to set the jury trial with sufficient time for Discovery. The Judge may ask how many witnesses you plan to call … if so respond that until your Discovery is reviewed you are uncertain. (Say nothing else … just demand your right for jury trial)

8. Send out Discovery and wait … Plaintiffs have 30 days plus 5 for mailing time.

9. They most likely will not respond with what you’re Discovery is asking them to produce at that time (35 days) Send a Motion to Compel with a Hearing Letter to the Plaintiff and then file with the court and get a hearing date.

10. Go to the Motion to Compel hearing and demand the documents or dismissal of the case as you can’t prepare an adequate defense for trial.

11. What is not provided for in Discovery can’t be brought up in trial … you must object.

12. If Discovery is provided you will need to Subpoena all parties listed to trial … again you can find these pleadings at the court. This part is very easy and simple to do …

13. Most of the time in Florida the case will be dismissed long before a jury trial because of cost and the uncertainty of the outcome.

14. If you go to trial be prepared and raise questions to the validly of the debt, record keeping, assignment and chain of assignment of the debt. You must raise a doubt that the person being questioned is either incompetent or untruthful. Lastly, bring up the cost of the debt to the JDB and raise the issues of how much was actually paid for your alleged debt and what would the profit be if they were awarded the amount they asked for in the case. You’re in front of a jury that may have an axe to grind against the JDB and you want them to see you as the victim. Don’t forget to subpoena the OC to the trial also as you want them to verify the assignment.

Nine times out of ten if the Judge grants a jury trial the case will not move forward and will stall in legal case limbo but if not don’t worry! What do you really have to lose? If they get a judgment in Florida they will still face an uphill battle in collecting it. Point is don’t be scared as it really is much easier then it looks.

[1artisan]

Thank you FloridaGator2 for responding, this is great info... The person suing me is the OC and not a JDB. Also this is a "Notice To Appear For Pretrial conference/Mediation" so does what you are saying apply to this as well? Also by Florida law does a JDB have to reveal what they paid for the assignment along with the proof and something with my signature? I wonder if there is a Florida case law about that.

[1artisan]

Tigra.. Yes it is the same attorney I see he is a busy little beaver. Have you tried to settle with them yet? If you would like private message me.

[FloridaGator2]

Thank you FloridaGator2 for responding, this is great info... The person suing me is the OC and not a JDB. Also this is a "Notice To Appear For Pretrial conference/Mediation" so does what you are saying apply to this as well? Also by Florida law does a JDB have to reveal what they paid for the assignment along with the proof and something with my signature? I wonder if there is a Florida case law about that.

Yes, it applies. They will try and get you to admit to the debt/settle at mediation. Unless they have compelling evidence (Signed credit card agreement) I would not settle and demand a jury trial. JDB does not have to reveal anything to you.

[tigra]

FloridaGator2,

the problem here is that its JDB, not an OC. Arbitration is out of the question for this creditor in small claims, unless counterclaims of more than 5K can be presented to transfer to a higher court. I am dealing with the same attorney and creditor, and after i requested validation, they were silent, but then mailed me statements for every single month i had an account. Since its an OC, FDCPA claims dont apply in FL.... Thats how I got stuck with my case.

1artisan, have you sent them DV when they got your account placed with them?

[elke61]

I am also in a situation with a summons from an attorney from a prior credit card I had with citibank. I am confused in that does Patrick Carey represent citibank or did he buy the debt? is he a collection agency?

I got in deep credit card debt and in feb 2007 I stopped paying my credit cards that had high interest rates because attempts at getting interest rates lowered were not working. within 6 months I was able to settle with my other 3 credit cards for approx 1/2 the debt. I had been paying hideous interest rates with overlimits when I couldn't afford the minimum and late fees.

I was close to settling with citibank but had huge argument on my last round of trying to negotiate my debt with them. so here i am a year and 1/2 later getting a summons, which i responded to and now i have a new packet from him, that was delivered regular mail, no signature recquired, asking for all kinds of info-recquest for admissions, recquest for productions of documents,etc. they want my credit card statements from when i had a 0 balance, which i don't have. I had the account for 18 years and probably was maxed out the last 4. just kept paying and paying to little to no dent in the amount owed.

My answer is due next week and I got a letter today to ask me to submit an amount i was willing to make to an email address. not sure how to proceed. any info or insights appreciated.

[elke61]

@1artisan, what was the outcome? are you still sorting things out? I'm dealing with the same company and attorney. PM if you are around. thx

[mb02]

FloridaGator2

Why is it difficult to collect in Fla. even after a SJ?

[LearningasIgo]

Why is it difficult to collect in Fla. even after a SJ?

Most collections are difficult since most people don't have the money. Or a lot of folks are "head of household" and there are limits and rules before wage garnishment; and if a defendant lost a judgment, would he or she not have made sure there's no bank accourt to be raided? Plus, there are sundry ways to hide other assets.

And, it's up to the plaintiff to go through the legal stipulations to garnish or empty bank accounts. Red tape, red tape. And there are funds such as SS, etc., that cannot be touched.

Different sources have different stats, but a ball park figure of "uncollected" borders around 90%.....