Rinierd

Motion for Summary Final Judgement

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So I have been back and forth with Ford Motor Company, they filed a Summary Judgement, I filed a response and now 5 months later they have filed a Motion for Summary Final Judgement. What is the next step? Is there something further I should file? I still do not feel they responded to all of my points in my Opposition. This is all with regards to a vehicle that was totaled and the driver dropped insurance on the vehicle. I was on the lease contract.

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Have you already filed an opposition to their summary judgement request? If not, you should do so. You only have until 15 days (I think) prior to the hearing to file the opposition. Do you have a trial date?

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No trial date was set. They motioned for summary judgement, I opposed it, then they filed another motion for summary final judgement. At this point do I write an opposition to it again?

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Can you look up on your court website to see if the original motion was denied, and why? The court must have approved your opposition, otherwise the original motion would have been granted - I would think.

I would file another opposition...but make sure their's was actually filed. They could be trying to intimidate you. The people that are suing me did that. They sent a bunch of crap - like a (proposed) Judgement, a (proposed) order granting motion for summary judgement, all wrapped up in a nice box to try to show me that they think they will win, and 'this is what it will look like when we do'.

I'm not a lawyer and not familiar with FL court rules. I am filing an opposition this week and have my fingers crossed. Keep fighting. You have nothing to lose at this point, right?

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Where can I find court cases to reference in my Opposition? I am looking for cases in reference to Florida Statue 537.012. Would really like to find references online somewhere.

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Florida Office of Financial Regulation

http://www.netside.net/~c3i/discoveryhandbook.pdf

RULE 1.510

IN THE COUNTY COURT FOR THE 1ST

JUDICIAL CIRCUIT IN AND FOR ESCAMBIA

COUNTY, FLORIDA

CASE NUMBER: cv-12345

Ford Motor Company

Plaintiff,

vs.

Rinierd

Defendant.

___________________/

OPPOSITION TO MOTION FOR FINAL SUMMARY JUDGMENT

Comes now the defendant, Rinierd, pro se, and files Opposition to this Motion for Final Summary Judgment filed by Plaintiff, Ford Motor Company, as follows:

1. Defendant argues the Plaintiff has not attached a copy of the account, showing items, terms and conditions of the contract,or defendant’s breach of any contractual term and amount of each, as required, pursuant to Fla.R.Civ.P form 1.932 for open account. “An itemized copy of the account must be attached to the complaint to state a valid claim; a statement of a lump sum balance due is insufficient.” H & H Design Builders, Inc v. Travelers’ Indemnity Co., 639 So.2d 697 (Fla. App. 5 Dist. 1994)

2. Defendant argues the Plaintiff has not attached a copy of the account, showing items, time of accrual of each, and amount of each, as required, pursuant to Fla.R.Civ.P form 1.933 for account stated.

3. Defendant argues no copy of the original contract signed by both parties has been admitted into evidence. “One party cannot unilaterally create a liability on an account when no contract (either oral or written) exists out of which a debtor-creditor relationship could arise.” Cherokee Oil Co. v. Union Oil Co. of California, 706 F.Supp. 826 (M.D. Fla. 1989) affirmed 901 F.2d 1114.

4. Defendant argues no copy of the original contract signed by both parties has been admitted into evidence. “Failure to respond to demand for payment does not create obligation for the account absent a contractual agreement creating such liability.” Page Avjet Corp. v. Cosgrove Aircraft Sers., Inc. 546 So. 2dd 16, 18 (Fla. 3d DCA 1989). “Complaint failed to state cause of action for the “Account where allegations therein did not show existence of a mutual agreement.” Dionne v. Columbus Mills, Inc., 311 So.2d 681 (Fla. App. 2 Dist. 1975)

5. Defendant argues the affidavit attached is hearsay, as the affiant is an employee of "the law office of plaintiff", and not a direct employee of Ford Motor Company, and is inadmissible as evidence due to having no foundation as no detailed accounting accompanied the affidavit. The affidavit is insufficient to meet even the minimal requirements necessary for a judgment.

6. The Plaintiff has not proven ownership of the account. The Plaintiff also has the burden of proof to show this account has not been written off and federal tax benefit received or insurance has not been collected.

7. The Plaintiff has not proven the right to sue in the state of Florida.

8. Court lacks subject matter jurisdiction due to Plaintiff’s pleadings being insufficient and there being no competent fact witness in the record.

Wherefore, the Defendant respectfully requests that this motion be denied and a dismissal of this complaint with prejudice be granted and filed along with any other relief this court deems just.

respectfully submitted Rinierd

I Rinierd HEREBY CERTIFY that a true and correct copy of the foregoing was mailed by U. S. Mail this eighth day of October,09 2012 to THE NAME OF LAW OFFICE, attorney for Plaintiff, ADDRESS OF THE PLAINTIFF FL 32502.

By: _______________________________

defendent Rinierd

This post is for entertainment purposes only and is not legal advice

Edited by racecar

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Unfortunately they have supplied several documents that try to breakdown the cost of what they are sueing for. However can I still use the arguments 5-8?

I argued the lack of proof and breakdown of fees in the first opposition, so not with there second summary request they have supplied copies of the contract and how they are coming up with the fees. They have fees in there for such things as how much time it took them to clean the vehicle, etc. So they broke it down quite a bit.

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Take out the crap that I made up i had no facts to work with,Add you own facts and make a good argument.Write down all the items in dispute you can think off and argue those.Is the affidavit from ford motor company or the law office.The original creditor knows the facts,but the junk debt buyer law firm only reads about them and does not really know.

Bring up standing

In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. In the United States, the current doctrine is that a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that the plaintiff is (or will imminently be) harmed by the law. Otherwise, the court will rule that the plaintiff "lacks standing" to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. To have a court declare a law unconstitutional, there must be a valid reason for the lawsuit. The party suing must have something to lose in order to sue unless it has automatic standing by action of law.

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No nothing was brought on by Ford, they have a local attorney filling all the paperwork and managing the suit. I will try that argument as well, since Ford has hired an outside law firm.

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Repossession, disposal of pledged property; excess proceeds.—

(1) If a borrower fails to repay all amounts legally due under the title loan agreement on or before the end of the title loan’s maturity date or any extension of such date and fails to make a payment on the loan within 30 days after the end of the loan’s maturity date or any extension of such date, whichever is later, the title loan lender may take possession of the titled personal property. A lender may take possession of the titled personal property only through an agent who is licensed by the state to repossess motor vehicles.

(2) Prior to engaging a repossession agent, the lender shall afford the debtor an opportunity to make the titled personal property available to the lender at a place, date, and time reasonably convenient to the lender and the borrower. Prior to taking possession of titled personal property, the lender shall afford the borrower a reasonable opportunity to remove from the titled personal property any personal belongings without charge or additional cost to the borrower. After the lender takes possession of the titled personal property, the lender, at the lender’s sole expense and risk, may authorize a third party to retain physical possession of the titled personal property.

(3) Upon taking possession of titled personal property, the lender may dispose of the titled personal property by sale but may do so only through a motor vehicle dealer licensed under s. 320.27. At least 10 days prior to sale, the lender shall notify the borrower of the date, time, and place of the sale and provide the borrower with a written accounting of the principal amount due on the title loan, interest accrued through the date the lender takes possession of the titled personal property, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. At any time prior to such sale, the lender shall permit the borrower to redeem the titled personal property by tendering a money order or certified check for the principal amount of the title loan, interest accrued through the date the lender takes possession, and any reasonable expenses incurred to date by the lender in taking possession of, preparing for sale, and selling the titled personal property. Nothing in this act nor in any title loan agreement shall preclude a borrower from purchasing the titled personal property at any sale.

(4) Any such sale or disposal shall vest in the purchaser the right, title, and interest of the owner and the title loan lender.

(5) Within 30 days after the sale of the titled personal property, the borrower is entitled to receive all proceeds from the sale of the motor vehicle in excess of the principal amount due on the loan, interest on the loan up to the date the lender took possession, and the reasonable expenses incurred by the lender in taking possession of, preparing for sale, and selling the titled personal property. The borrower is entitled to reasonable attorney’s fees and costs incurred in any action brought to recover such proceeds that results in the title loan lender being ordered to return all or part of such amount.

(6) The rights and remedies provided in this section are cumulative. Except as otherwise provided in this section, the disposal of titled personal property is subject to the provisions of chapter 679.

(7) In taking possession and disposing of titled personal property by sale or otherwise, the title loan lender shall at all times proceed in a commercially reasonable manner.

History.—s. 11, ch. 2000-138.

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