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Can an OC be defeated in FL?


Chevy10
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Hey guys, a buddy of mine that knows i won against the JDB that was suing me called me up yesterday, a sheriff left a note on his door, when he called they said they were looking to serve him. He called me and I checked the dockets, it's B@rcl@ys Bank suing, not a JDB. They are using H@yt, H@yt, and L@nd@u here in FL. Cruddy thing is this is small claims so they get a pretrial (I know he can file an answer at the pretrial like i did), the pretrial is 11/20 (they took a long time to serve him). I know he can file for an extension or just file the answer but what is a good strategy to defend against an OC (they will have the paperwork I am sure). He will have the summons sometime this afternoon. Any help from the experts would be appreciated, I do not know the default date but he said it is less than 2 yrs ago.

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Have your friend come over and answer these

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

www.nclc.org/images/pdf/unreported/Moehrlin.pdf study that case

Edited by racecar
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Go for arbitration, in the complaint when he gets served the contract should be on an exhibit, if is not file a motion to dissmiss based on Florida rules of civil procedure 1130, then file a motion to compell abitation and go fom there.

This.

If it is a small amount there is a good chance the OC will not follow all the way through.

But FL is one state that you need to elect it as early as possible or the court will not agree with a motion to compel.

So get your friend reading up on this.

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I don't even know if they got arbitration, but lady is right, do not file an answer you file a Motion to compel arbitration right off the bat, if they don't file the contract as an exhibit, then you file a motion to dismiss based on rule 1130, and if they provide the contract you file the motion to compel. DO NOT FILE AN ANSWER BEFORE THOSE MOTIONS ARE DONE.

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