FloridaISued Posted March 22, 2012 Report Share Posted March 22, 2012 SummarySued a year ago for line of credit that's not mine. Possible my deceased fathers. Went through discovery and have been to court 3 times. Last apperance at court the plaintiffs lawyer asked for my bank statement that was from the last payment on account statement they introduced into court. Judge granted and said this should clear this up and plaintiff and I agreed. Bank staement shows no activity for that line of credit. So I fax to them as requested and documented in the court minutes. 3 weeks later I get a form letter for scheduling a deposition. Wondering why they depose now after all this time and court appreances. I fax back the date and time I can do it and ask them to tell me where this will occur. I hear nothing back from them. The day before the depostion is scheduled for I call the firm to see what's up. The paraleagel that sent the note tells the receptionist that she can not talk to me because I am the defendent.I say I am Pro Se and need info on the place of depsition. I get transfered to voice mail. I left a message that has not been returned.Anyone have any idea what the law firm is doing? I gave them the evidence they asked for and it shows nothing. Should I go ahead and file a motion to dismiss? Link to comment Share on other sites More sharing options...
chrisbbadd Posted March 22, 2012 Report Share Posted March 22, 2012 SummarySued a year ago for line of credit that's not mine. Possible my deceased fathers. Went through discovery and have been to court 3 times. Last apperance at court the plaintiffs lawyer asked for my bank statement that was from the last payment on account statement they introduced into court. Judge granted and said this should clear this up and plaintiff and I agreed. Bank staement shows no activity for that line of credit. So I fax to them as requested and documented in the court minutes. 3 weeks later I get a form letter for scheduling a deposition. Wondering why they depose now after all this time and court appreances. I fax back the date and time I can do it and ask them to tell me where this will occur. I hear nothing back from them. The day before the depostion is scheduled for I call the firm to see what's up. The paraleagel that sent the note tells the receptionist that she can not talk to me because I am the defendent.I say I am Pro Se and need info on the place of depsition. I get transfered to voice mail. I left a message that has not been returned.Anyone have any idea what the law firm is doing? I gave them the evidence they asked for and it shows nothing. Should I go ahead and file a motion to dismiss?You are not liable for your deceased Father's debt. I would file a motion to dismiss due to the fact they filed a frivolous suit. Link to comment Share on other sites More sharing options...
usagi555 Posted March 22, 2012 Report Share Posted March 22, 2012 SummarySued a year ago for line of credit that's not mine. Possible my deceased fathers. Went through discovery and have been to court 3 times. Last apperance at court the plaintiffs lawyer asked for my bank statement that was from the last payment on account statement they introduced into court. Judge granted and said this should clear this up and plaintiff and I agreed. Bank staement shows no activity for that line of credit. So I fax to them as requested and documented in the court minutes. 3 weeks later I get a form letter for scheduling a deposition. Wondering why they depose now after all this time and court appreances. I fax back the date and time I can do it and ask them to tell me where this will occur. I hear nothing back from them. The day before the depostion is scheduled for I call the firm to see what's up. The paraleagel that sent the note tells the receptionist that she can not talk to me because I am the defendent.I say I am Pro Se and need info on the place of depsition. I get transfered to voice mail. I left a message that has not been returned.Anyone have any idea what the law firm is doing? I gave them the evidence they asked for and it shows nothing. Should I go ahead and file a motion to dismiss?Who knows what they're doing, but don't be surprised if they try to get you into hot water with the court for not showing up for a depo. Has the date for the depo already passed? I would have sent at least one letter to them CMRRR by now stating that I am unaware of the place of the depo and will be unable to attend unless I know where to attend. I would have made phone calls too, and also, physically appeared at their office with a witness telling them that no place has been specified. Link to comment Share on other sites More sharing options...
legaleagle Posted March 22, 2012 Report Share Posted March 22, 2012 Usually a notice for a deposition tells you where it will be held. It has to be within a certain distance of your residence, usually 30 miles. In some states a notice is not a legally binding request, you can literally not show up and they can't do anything about it unless you previously agreed to appear. Then they have to get a subpoena. Check your rules, every state is different. Link to comment Share on other sites More sharing options...
usagi555 Posted March 22, 2012 Report Share Posted March 22, 2012 Usually a notice for a deposition tells you where it will be held. It has to be within a certain distance of your residence, usually 30 miles. In some states a notice is not a legally binding request, you can literally not show up and they can't do anything about it unless you previously agreed to appear. Then they have to get a subpoena. Check your rules, every state is different.Even if there is no real basis to do something to the OP for missing, we are dealing with collection attorneys here. Besides, aggressively insisting that you be given the information so that you may attend will take some of the intimidation factor away from the clowns. Link to comment Share on other sites More sharing options...
FloridaISued Posted March 22, 2012 Author Report Share Posted March 22, 2012 Usually a notice for a deposition tells you where it will be held. It has to be within a certain distance of your residence, usually 30 miles. In some states a notice is not a legally binding request, you can literally not show up and they can't do anything about it unless you previously agreed to appear. Then they have to get a subpoena. Check your rules, every state is different.The notice was a form letter with a weeks worth of times to schedule from. The letter was adresssed as though I was a lawyer. It did not state a place to perform the Depo. I live 100 miles from the law office asking for this. I stated on my reply that I was available at one of the dates and times they requested but I said I could not drive to their location due to financial hardship and distance. I requested they send by US mail the place to perform the depo. That was 3 weeks ago. I called them the day before the scheduled time and was told they would not talk to me because I was the defendent. FYI, I have never had voice communication with the firm outside of court. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 22, 2012 Report Share Posted March 22, 2012 At the end of the day, all of this is settled by the rules of procedure. Check the rules, if they did one thing wrong, you have them. However, that works both ways. Common sense, financial hardship, and the way it should be, rarely figure in the equation. Link to comment Share on other sites More sharing options...
FloridaISued Posted March 22, 2012 Author Report Share Posted March 22, 2012 I am in Florida. The Rules of Civil Procedure only address the possibility of sanctions on a properly delivered request for depostion. I am not worried about sanctions as I have recipt that I sent the paper work back to them 3 weeks prior to the date.The judge in the case has been very fair with me and understands that this could be my deceased fathers debt. Same name as me, same address and my bank statement the plaintiff requested has no record of payment to the OC.I feel it is time for a Motion to Dismiss. Link to comment Share on other sites More sharing options...
TomnTex Posted March 23, 2012 Report Share Posted March 23, 2012 I think I would also try and find a way to sue them for something. CaliLawyer or others cold advise you on this. Link to comment Share on other sites More sharing options...
FloridaISued Posted March 23, 2012 Author Report Share Posted March 23, 2012 Since I have been to court and discovery is done, is a motion to dismiss too late? Should it be a motion for summary judgement instead?Most reading I do says the motion to dismiss should come early on in the case. I also read where getting a dismissal on failure to state a claim upon which relief can be granted is not usually going to work.Basically I just want to attack the fact that they have no evidence.Any thoughts? Link to comment Share on other sites More sharing options...
BTO429 Posted March 23, 2012 Report Share Posted March 23, 2012 File you discovery and find out when this bill originated and if you can the SSN of the person responsible.I would lay 100 bucks that they know it aint you and they are still trying to collect. If you can prove they have evidence that they know would prove it is not you then I would file counter claims for emotional distress, pain and suffering, filing a frivolous law suit and any other remedies the court sees fit to award. Since the judge is fair with you and has an idea that it may not be yours maybe the judge will order them to provide proof.You could also file a motion to show cause and have them answer as to why they filed a law suit against you when they know you are not the person they seek to collect from. You will not have to prove a thing but they will if the judge agrees with the motion. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 I'm not in Florida but I'm 99% sure a motion to dismiss would not be proper at this time. It would be a motion for summary judgement. It's basically the same outcome you want, but a motion for summary judgment you have to actually show the judge there is no reason for a trial as no material issues are in dispute. All they have to do to beat the motion is raise a legit dispute, not prove they would win at trial, just show reasonable minds would differ. With a motion to dismiss, like you said, you just pretty much plead that early in the case and try to get it dismissed before it even takes off. Link to comment Share on other sites More sharing options...
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