Plaintiffs corp name misspelled X-1000+

[neidermeyer]

My wife is being sued by a Nevada JDB here in Florida over a HSBC CC default that occurred in 2009, we were served correctly and I am good on putting together a defense and throwing out all the hearsay... My wife however hasn't got a clue and will die on procedure in court... so I'll have to kill this one in the required mediation hearing (will check with clerk and/or the judge to see if I will be allowed to attend/represent wifey)...

With that said I have an interesting finding ... the lawyer changed the name of the plaintiff party by combining a 2 word name into a single word... "peanut butter corp" became "peanutbutter corp" ,, OK ,, not a big deal right .. the judge will give them a pass right? That's what I was thinking until I went back in civil records and searched on the correct name for the plaintiff and found NOTHING ,,, for the incorrect name I found over 1000 closed suits and 67 active/open ones in just my county going back about 5 years... This lawyer has filed every single suit with the wrong name... What's so disturbing is that the company isn't properly identified at all ,, the name is WRONG and the address is wrong as well (listed plaintiffs lawyers address instead of plaintiffs address in header/style)

Is there any way I can force them to refile all the pending suits? The one I'm in looks pretty easy , I can get the affidavit killed as hearsay and there is no chain of ownership and the "bill of sale" is just a generic photocopy not linked to the file listing the account (in fact they intentionally copied it and cut off the top 3" or so to remove the letterhead that should be there),, I have mailings from another JDB on this account which indicate the JDB suing me resold the account and no longer owns it.

[kutuzov]

You should read the procedure on small claims, just google it Florida small claims rules of procedure, I can't read them now, but later I can. Probably you can motion to dissmis based on the wrong name and wrong address, and the judge will give the OP 10 days to amend, but is just a guess on my previous readings, I might be wrong, for sure the procedual rules got you an answer.

[kutuzov]

RULE 7.050. COMMENCEMENT OF ACTION; STATEMENT OF CLAIM

(a) Commencement.

( Parties. The names, addresses, and telephone numbers, including area code, of all parties or their attor-neys, if any, must be stated on the statement of claim. Additionally, attorneys shall include their Florida Bar number on all papers filed with the court.

Check thier license here, you should also be able to get thier address etc.:

https://real.flofr.com/ConsumerServices/SearchLicensingRecords/Search.aspx

If the name/address don't match you can move the court to dissmis, as you are in small claims, you don't need to do it on paper, you can do it on the pre trial conference, orally. The judge will probably give the OP 10 days to ammend the complain.

[BrunoTheJDBkiller]

will check with clerk and/or the judge to see if I will be allowed to attend/represent wifey

Not a chance unless you have a juris number

Is there any way I can force them to refile all the pending suits?

I doubt it, but you can motion for a dismissal on yours, improper party in interest or whatever they call it down there where the sun actually comes out.

[Determined1]

Florida small claims preliminary hearings move quickly. You or your wife may be only given a minute to speak, and its unlikely the Judge will throw the case out on a verbal objection. However, it seems like you have your defense lined up. Let me suggest that you might file a motion to quash service, stating that the Plaintiff and their attorneys have been improperly identified. Use the following Florida Rules of Procedure for proper service requirements: 1.070 Process | Florida Rules of Civil Procedure

In the alternative, if you have your defense lined up and want to let the case move forward a bit, and if you're comfortable, post the JDB company's name here. Some of my fellow board members eat JDB's for lunch.

[neidermeyer]

JDB is "Main Street Acquisition Corp" from LV Nevada , they have a corp presence in Florida by the same name ,, there are no companies listed in either state with either the name "Mainstreet Acquisition Corp" or using it as a tradename per the various state lookup tools.

I want to cause them some pain ,, I went back and looked in 4 of the largest counties here and found that EVERY suit has this same error... This isn't a scrivners error this is sheer unparalled incompetance.

Thanks!

[BrunoTheJDBkiller]

It's also a curable defect, no more than a typing error on some template they use. It won't get you anything.

[neidermeyer]

That may be so but along with the wrong address for the non-existant company (address listed is also wrong, it's the attorney's) I can cause them several days of typing and submitting corrections in all 67 counties .. It'll just cost me maybe 2 hours on my FAX machine. Depends on each Clerk of the Court what'll happen... but it won't cost me anything. I never intended that to be a firewall , possibly just a delaying tactic... There's PLENTY of AMMO in the suit and attached docs they filed.

P.S. It's not "just a typo" when it is in THOUSANDS of suits ...

[BrunoTheJDBkiller]

The only suit that counts for you is yours. The umpteen people you fax will probably tell you the same thing. Clerks of the court have no jurisdiction over things like this, it's up to the attorneys in the cases to raise the issue. You do this and I guarantee you're going to wind up on somebody's excrement list, probably a high level judge. I would advise against it, you'll get yourself flagged as a troublemaker. It is a typo if they use the same template for all those suits. Just my opinion of course, but I've tried this myself, picking on an attorney for spelling mistakes etc, the judge basically told me to stop it and make my argument on something other than spelling mistakes. Also, you do this and your pleadings better be letter perfect.

[neidermeyer]

Bruno ,

I like to stir the pot ,,, BTW CASE DISMISSED ,, so maybe there is something to actually naming the correct plaintiff! or maybe it was because I called them out on evidentiary rules that would have them giving out more info than they want or maybe it was the oviously invalid and inadmissable "affidavit of indebtedness" ...

Someone on this site needs to add ".ODT" as an allowable attachment type.. I use openoffice..

Motions attached as .TXT docs for your perusal ...

After I submitted the 2nd MTD I thought of a better avenue of attack ,, the plaintiffs lawyer actually offered evidence in his letter that was not supported by any submitted documents ,, I could have his testimony thrown out on an objection as an incompetant witness or I could cross examine or depose him ...

P.S. Bruno , I found a way to get myself inserted into the lawsuit ,, my wife would have lost bigtime on procedure... I made the phone calls to find the person who "wrote" the "Affidavit of indebtedness" and discovered that she actually works for the plaintiffs lawyer and not the plaintiff (found that after the 2nd mtd was filed) ,, she could have called me as a witness.

2012-SC-006345-O motion.txt

2012-SC-006345-O motion 2 attack all fatal errors.txt

Edited September 5, 2012 by neidermeyer

[Guest usctrojanalum]

the name thing is actually not a big deal at all and is by no means grounds for dismissal, it does not prejudice the defendant in the case in anyway what-so-ever therefore the defendant has absolutely no recourse to do anything.

And yes, it is just a type-o when it is in thousands of suits - do you really believe each lawsuit gets typed up individually? of course you can't, they run a template over and over again and just change minor details.

[usagi555]

the name thing is actually not a big deal at all and is by no means grounds for dismissal, it does not prejudice the defendant in the case in anyway what-so-ever therefore the defendant has absolutely no recourse to do anything.

And yes, it is just a type-o when it is in thousands of suits - do you really believe each lawsuit gets typed up individually? of course you can't, they run a template over and over again and just change minor details.

I agree. This is not the way to pursue this. Stir the pot if you wish, but keep in mind that you are stirring it with a metal handled spoon and the pot is very hot. You might get your hands burned. Badly. It might work out for you. Either way, it's not worth the risk.

Instead, just take notice that the attorney is very sloppy, and you follow the rules. By doing so, you will be giving them plenty of rope.

The only way you could successfully pursue this is if the law firm was a defendant and you were a plaintiff, and this was one of many pieces of evidence that they didn't review their cases prior to filing them. Which I wouldn't be opposed to, but you would need other evidence to support your claim.

Edited September 5, 2012 by usagi555

[neidermeyer]

I'm going to have to respectfully disagree on the name thing ,,, If Plaintiffs attorney can't be bothered to get it right .. and defendant doesn't know who is suing them because of the defect IT IS A BIG DEAL ,,, especially as plaintiff didn't ammend/fix/modify complaint ... what are they going to get in the end? A MSJ granting a non-existant company collection rights?

P.S. I am not an attorney so I don't give a damn about p'o-ing some lame attorney who 40 years after graduation is putting out dreck like this and selling his soul with complaints full of not even half truths ,, maybe 1/4 truths and MANUFACTURING EVIDENCE such as the "affidavit of indebtedness" ... I'm not part of the "club" and as a pro-se I WILL take those chances that no lawyer ever would (but should). In the end placing all my objections on the record to lay grounds for an appeal was the way to go ... I couldn't afford an attorney to defend the initial complaint but an appeal is only $200 and I can make their life miserable... didn't come to that but that was what the plan evolved into and I think it was a good one.

[Guest usctrojanalum]

I'm going to have to respectfully disagree on the name thing ,,, If Plaintiffs attorney can't be bothered to get it right .. and defendant doesn't know who is suing them because of the defect IT IS A BIG DEAL ,,,

OK, you can disagree all you want. It is only a minor defect though and you are wrong. The difference between Main Street Acquisitions and Mainstreet Acquisitions is a typographical error. Read your rules on what the remedy is to fix a typographical error. In most instances, it is nothing and the case proceeds because neither party is prejudiced. Both parties understand who is suing who.

especially as plaintiff didn't ammend/fix/modify complaint ... what are they going to get in the end? A MSJ granting a non-existant company collection rights?

This is actually good for the defendant, DUCY?

[BTO429]

real party in interest is the one who actually possesses the substantive right being asserted and has a legal right to enforce the claim.

the "real party in interest" must sue in his own name.

The reason for the concept of the "real party in interest" is to protect the basic principle of separation of powers, by preventing people from randomly suing on behalf of other persons or things they have no connection to.

If you bring up the issue, all they have to do is file a nunc pro tunct order and correct it.

Edited September 6, 2012 by BTO429

[usagi555]

If you bring up the issue, all they have to do is file a nunc pro tunct order and correct it.

Not only that, but you have real issues that you can hammer them on. Standing. You said the affidavit was produced by one of the law firm's employees. Holy Hell! I would be all over that with discovery! And it appears that in FL, you get discovery in small claims.

[BTO429]

If that affidavit was produced by an employee of the attorney and she claims she has personal knowledge of the debt then she perjured herself. Not only would i ask for the affidavit be dismissed I would also look into perjury,

[Guest usctrojanalum]

If you bring up the issue, all they have to do is file a nunc pro tunct order and correct it.

Probably wouldn't even have to do this.

[BrunoTheJDBkiller]

I'm going to have to respectfully disagree on the name thing

Not a problem, that's what we're here for. In my opinion this is not grounds for an appeal. It is not reversible error made by the court, either procedural or substantive. However, my opinion aside, I'd be interested in seeing the case law you are going to use to support your argument.

[usagi555]

I'm going to have to respectfully disagree on the name thing

Not a problem, that's what we're here for. In my opinion this is not grounds for an appeal. It is not reversible error made by the court, either procedural or substantive. However, my opinion aside, I'd be interested in seeing the case law you are going to use to support your argument.

I would too.

As I stated earlier, the only way I could really see using this effectively is when you are the plaintiff and you offer multiple pieces of evidence that there was no meaningful attorney involvement in the communications that were sent to you. By itself, it's not going to amount to much. In conjunction with the affidavit by the lawyer's employee, the volume of cases filed, and a bunch of other stuff that probably exists and I'm not privy to, I could see an FDCPA case being made. By destroying them with discovery, you will also be building a very strong FDCPA case. Were I dealing with a law firm like what you described, I would be concentrating on destroying their case in discovery, winning, then turning around and saying "I saw your summons, and I'll raise you one."