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My name is nowhere on the account they are suing over! My 2nd (continued) pre-trial is scheduled for the end of Feb.  I am pro se and I want to have it dismissed without going to trial if there is any way possible. I cannot believe there is no way to do so when he can provide NOTHING with my name on it.  I don't believe they could get this far with it!  Guess I am naive.  I have answered the forum's suggested questions below. I have been researching many threads (esp FSUgirl07 since she is also in FL dealing with a JDB), but I haven't run into any where they actually have the wrong name.  Hope you all are willing to help me out - your responses have been amazing. Thx.



If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit? CAM1 LLC dba CAM1 LLC of Georgia

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Andreu, Palma & Andreu,PL of Miami, FL

3. How much are you being sued for?  about $4800.00 plus int. and atty fees

4. Who is the original creditor? (if not the Plaintiff)     US  Bank National Association ND

5. How do you know you are being sued? (You were served, right?)    Served at home to husband.

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?     None

9. What state and county do you live in? Pinellas County Florida

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)      Never

11. What is the SOL on the debt?      5 years


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). Attended pre-trial conference as per summons.  Explained it was not my card.  Showed atty statements with the account number he identified in my (adult) daughter's name.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with OC through a letter from my attorney in which he told them to cease and disist ,disputed with one credit bureau verbally.

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.        NO

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?      i attended the pre-trial as per the summons.  No written answer is required in FL.  First cause of Action:  Account Stated.  2nd cause of action - Unjust Enrichment.  I told court officer it was not my cc.  She asked if I wanted to see the judge, I agreed.  Attny & I went before the judge.  I told her it was not my card.  I showed her my copy of dispute to US Bank as well as their response which included cc statements from 3/10/06 to 3/10/10 - ALL addressed to my daughter (same last name at the time). Judge noticed the lack of account number.  Judge directed attny to send me copy of cc application with my signature and copies of statements with my name on them within 30 days.  I have not received them - he has untl 2/6.  But the atty sent me notice and copies of 2 Bills of Sale and Assignment of Assets referring to each of the assets identified in a list as Exhibit A.  Of course, the list was not attached to my notice.   (He also sent me requests for Production, Admissions and Interrogatories.  I have been writing an objection to his requests for discovery because I am pro se and he is not allowed to initiate discovery without permission of the court, unless I have already done so.   I have a second (continued) pre-trial end of February


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.       No evidence sent with summons.  There was not even an account number on the paperwork, but I knew which account they were referring to from prior collection attempts from a number of different collection companies.  ABSOLUTELY NOTHING - I FIND IT ASTOUNDING

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I was advised by Flyerfan to bump my post - hope this is how you bump it!

 

 

A bit more info on what my plans are at this point: 

File an objection to the Plaintiff request for discovery from me since I am Pro Se and it is not allowable without an order from the court (this to be sure I don't get penalized for not responding to him).  

 

File a pretrial motion to dismiss because "the party being sued is not the correct party" which I found in Fl County Court Practice - Part 1 - Civil Actions but need to find the Defense statement.

 

 Then failing that a Motion for a More Definite Statement Fl. R. Civ Pro 1.140 Defenses - but again would need to apply for it since it is not in Small Claims Rules.

 

That is the only way I can think to go other than proceed to trial and then he will have NO evidence!  When he has nothing with my name on it it should be a lot simpler than this - am I missing something???  He has still not gotten the court ordered discovery credit app signed and cc statments.  His time is up 2/7.  Pre-trial was scheduled again for 2/26.

 

Sure could use some advice.  Thx.

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You are in good shape. Don't panic. Once the plaintiff's time is up you should file a motion. Some other members may chime in. I think it would be a motion to dismiss as they have filed this case against the wrong person. You may even have a nice FDCPA violation against them.

 

If they cannot (and it sounds like they cannot) produce a copy of anything with your name on it AND you are not a co-signer for the debt, this will be very simple. File your motion after their time is up to dismiss and put in that motion that the court ordered them to produce documents linking you to this debt and they have failed to do so.

 

Hope this helps.

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Thanks for responding.  Are you saying I should orally do this at the pre-trial conference and then file the written motion afterwards?  So do nothing between now and then?

 

Did I mention that they filed for discovery - admissions, production and interrogatories?  Should I inform the court about this rule violation before the pre-trial as I don't intend to comply, or just discuss it then?

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I am not familiar with this discovery process. My guess would be to respond to their discovery with objections. Double check that with a FL resident here. It should be in the FRCP as well.

 

I would prepare a written motion, make three copies and present it to the judge at the pre-trial conference. Hand a copy to the attorney and the judge. It is possible (even likely) that the judge will rule on it right then and there. Judges do not like when they tell an attorney to produce something and they do not. 

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So you think best not to serve it before pre-trial?  Also prepare a motion for what - dismissal? And on what grounds? That is my stumbling block with all of this - I cannot find a defense that is in the civil rules that fits suing the wrong party.  I already declared it to the judge and showed her my dispute letter to the OC as well as 2 yrs of statements with my daughter's name, not mine.  That is when she directed the plaintiff to submit the info identifying me, so I certainly think you are right that she would likely rule on it then, but if I have to make the motion I need to know what grounds don't I?  I have been online and in the law library for 3 weeks and cannot find it except a vague reference to it in a Court Practice Guide.

 

I will see if I can search out Florida members.  Florida is the home of "News of the Weird" so this little small claims (5K + not small to me) may have me going in circles for the foreseeable future.  If I remember, you are in Delaware, and it took you a while to prevail, let alone this forsaken state.  Congrats, though, on your achievement.  Was it worth it?

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Definitely worth it. Read my signature. Says it all.

 

I'll try to locate the specific grounds for you. You can serve it before pre-trial but I like springing it on them. Just my style. They will not see it coming and the judge will be pissed to find out they ordered the plaintiff to produce and they refused.

 

In the mean time, search this forum on motion to dismiss. There should be quite a few out there.

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In rule 1.200 of the Florida rules of civil procedure I found:

 

 

(d) Pretrial Order. The court shall make an order reciting the action taken at a 
conference and any stipulations made. The order shall control the subsequent course of the 
action unless modified to prevent injustice. 
 
Did you get a Pretrial Order from the judge about what he demanded of the plaintiff? If he put that in the pretrial order your job got a whole lot easier.

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Did not get a pre-trial order. When I checked the case summary online the only entry said "Duty Judge Response Sheet" so I called clerk and then her assistant. The Judge's assistant said there was no note from the hearing on it, that they rarely make notes in small claims. So No record of it. Never having been to court for anything before I was not aware of how it should work, but I bet the attorney knew and I should have known better to get it in writing. But it's a JUDGE for pete's sake - she should know how to do it!!Should she have copied us on an actual order?  Maybe I shouldn't spring it at the hearing, but send her something prior to jog her memory - altho I like the idea of surprise for the Plaintiff.  Below I pasted something I cobbled together from online samples but I have no idea if it would fly.  But hey, I'm Pro Se (and an old lady with a walker) maybe she would just take it for what it is???  Again, probably naive, heh?  Let me know what you think.  I would welcome anyone who would chime in - I don't want the Flyerfan to wear out on me :banana:

 

  

 

  MaMMMMMMMm

DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR PRODUCTION AND FIRST REQUEST FOR ADMISSIONS

OBJECTION: Pursuant to Florida Small Claims Rule 7.020( B), which states:

Discovery. Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court. [Emphasis added]

Defendant is an unrepresented party in this action, proceeding Pro Se, and has not initiated discovery. The court did not grant leave to the Plaintiff to initiate discovery directed at Defendant during the pre-trial hearing on 01/08/2013, rather it ordered Plaintiff to provide discovery to the Defendant, specifically the credit card application signed by the Defendant and the monthly statements for the credit card allegedly issued in Defendant’s name, within 30 days of the pre-trial hearing.

Plaintiff's interrogatories directed at Defendant do not comport with either the cited Rule in the Florida Small Claims Rules of Procedure or the previous order of the court; therefore, Defendant has no obligation or duty to respond without further order of the court. However, without waiver of the aforementioned Objection, and with preservation of the right to at any time revise, correct, add to, supplement, or clarify the responses contained herein, the Defendant will respond to Plaintiff's interrogatories in the interest of fair dealing with regard to the litigation process

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Again, the FL Small Claims Rules differ significantly from the Fl Rules of Civic Procedure.  Although that same SC rule 7.020

© states that  "In any particular action, the court may order that action to proceed under 1 or more additional Florida Rules of Civil Procedure on application of any party or the stipultion of all parties or on the court's own motion."

 

Everytime I think I know what direction to take I read something else that throws it wide open again!  Grrrgh.  And my name is NOT even on the account, card or statements.  Something is wrong with this picture in this "innocent until proven guilty" country.

 

All of my illusions are shattered :waah: which I am sure is also irrelevant...

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My question is how can one respond to discovery requests about an account for which no account number has been provided?  A complaint refers to an "account" but no account number is provided?

 

An account number is basic.  If an account exists, so does an account number.  If the JDB truly owns the account, they can provide that number.

 

I could be wrong, but this might be a case in which a dismissal could be filed.  From the complaint itself, due to the lack of an account number, it cannot be determined that an account exists.

 

However, as has been pointed out in other threads, such as omission is easily remedied.  The court could deny the dismissal and instruct the plaintiff to amend their complaint or instruct that the number be provided in discovery.   OR if the complaint is dismissed, the JDB could refile and include the account number. 

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The account number is not on the claim which was served. The account number is on the requests for discovery, and it is my daughter's old account. The lack of account on the claim has to be an issue, but what? Motion to Dismiss on account of Stupidity!  I should just go in there and do that, but I am not sure there is anyone who would post bail for me.  I looked at Fraudulent Claim, Fraudulent Statute, there is even something somewhere with the word mistake in it, but when you get into the detail it doesn't apply.  See why I am pulling my hair out?  It should be so simple!

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Question on the chain of title which JDB filed.  It is made up of 2 "Bill of Sale and Assignment of Assets", neither of which has any detail of course, and each refers to "the Asset Schedule"  ("Exhibit A") attached, which it isn't.  They are NOT affidavits, but Bills of Sale labelled as Exhibit B.  It is curious though, OC signed over to a limited partnership in Texas on 1/6/12.  That company signed it over ON THE VERY SAME DAY to the JDB in Georgia who is suing me.  The documents are exactly the same wording except for the company names and locations (I assume it is a boilerplate).  Then I received notice from CA that they had been retained by JDB 9 days later.  Then JDB sent notice of Sale and Assignment 2 weeks after that saying they had purchased my account "that originated with (OC)".

 

That all seems strange to me, but having never experienced anything like this before, I don't know.Why would both sales and assignments take place on the same day?

 

And still - they reference an account number which is not mine, nor is my name on that account.  Maybe I am grasping at straws.  Anyone make anything of it?

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It's possible that the JDB is an affiliate or subsidiary of the limited partnership.  I've seen Sherman Acquisitions do the same thing with their subsidiaries.  Also, the JDB could hire a CA to try to collect before the JDB would sue.

 

The account was your daughter's?  Were you a cosigner on the account?

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Thanks BVBO.  I was not a co-signor on the credit card.  I was on a reserve line and a cashflow line, but we paid those off.  Our middle initial and last names were the same then with different first names both starting with the same letter??  Our cc account numbers were the same except for the last four digits.  I paid mine off and closed it a couple of years ago.  She BK'd.  I have another cc with the OC thatmy husband and I have had for many years, still use it and it is current.

 

The OC tried billing me in 2010 and I hired and attorney who wrote my dispute letter, asked for documentation within 30 days, told them to ceas C&D and not to report it to any CRAs . At first the OC didn't respond.  Three months later the OC sent him sent him a letter with a 2 year stack of statements with my daughter's name on them and declared all of the things they do in account stated and unjust enrichment.  But even the letter re:d my daughter's account number AND HER NAME and then the entire letter referred to "your client" and "she".  It was weird.  My name was nowhere to be found on the response.  I stuck the whole thing in a drawer and forgot about it. The OC continued to send me collection letters for 6 months, then I got 2 letters from two different CA.  Then the OC sent me another letter 5 months after that.  I just threw everthing in a drawer and forgot about it. 

 

Six months later at the beginning of last year I got a notice from another CA, followed in 2 weeks by a Notice of Sale and Assignment from the JDB.  Then nothing more until 8 months later when a CA/Attorney sent a letter advising me of the transfer to the JDB and telling me I had 30 days to dispute.  It all went into that same drawer.  Then some mediator sent me a letter soliciting my business by telling me he had seen on court records that I was being sued.  After I figured out how to access county court records I found my name and the complaint filed. finally got served 12/28 that pre-trial was scheduled for 1/4/13. I didn't find this site until 1/29 and I have been on here ever since except for some time in a law library.  I have never had any debt past due AT ALL except for a small medical bill I disputed a couple of years ago and is still on my CR but the bill was paid off.  I didn't realize all of this was taking place.  I probably screwed up a dozen times and probably could have sued  somebody under FDCPA or one of the Fs.  I am not hiring an attorney for all the good he did me last time. I have formulated somewhat of a plan, but have no idea how it will go over.  I do know that I have had several plans already and then read more in the forum and scratch them and start over!  Good thing I am retired because this is all I have gotten done this year and it is now Feb!

 

If anyone reads this, I really appreciate it.  You are all awesome and I will be directing anyone who gets dunned to tune right in!

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For anyone who is a novice at this stuff and needs some help framing the tasks, I found an awesome NC public legal aid chapter which gives you a time line through a civil lawsuit, step by step.  Now I can start to plug in the things I have learned and manage my case.  Be sure to adapt it to your state and to Small Claims if necessary. Here is the site if you are interested: 

 

http://www.legalaidnc.org/public/learn/statewide_projects/eplp/handbook/four-c.pdf

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Just in case I missed it, did you ever contact the JDB (by letter, phone, email, anything) and let them know that this is not your account???

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Only at the pre-trial conference.  The attorney and I spoke and I told him it wasn't mine.  I showed him the statements and told him about the letter to the OC.  He said "Well, I am not authorized (or allowed) to drop this."  So we went back into the conference with a court administrator, she asked if I wanted to see a judge and I said yes.  The judge heard him out, then I explained it wasn't mine, she looked at my documents and that is when she directed him to send me the credt card application with my name signed and statements with my name within 30 days.  Time will be up this Thurs. and I have nothing.   Meanwhile the CA filed requests for discovery :  admissions, interrogatories and productions, which is a violation of FL Small Claims Procedure.  And I do NOT want to hand over any information to him like financial accounts, etc.

 

I'm thinking about filing an objection to his requests and after citing the Rule, pointing out that the court directed him to send me documents.  I read about a Motion for a Protection Order re: discovery that I could ask the court for until the JDB/CA show something to tie me to this claim.  To top it off the attorney who introduced himself to me at the pre-trial is not the attorney that was listed on the docket. So I called the County Clerk to see who he was and they thought it was the guy who signed all of the paperwork listed on the docket.  They had NO idea who the man I met was.  He said he was with the CA/law offices, so I googled him and cannot find him.  I checked the Florida Bar for a license for him and there is nothing close to it.  I thought I would call their office in the morning and ask for him.  This is confusing enough as it is without all of the twists.  I didn't explain a lot of it on here because as you can see it takes a lot of words.  Sorry if I could be more succinct I don't know how.  I feel like I am stuck in some bizarre B/C movie. 

 

I need to decide whether to file something before the second pre-trial or wait until I am there in person at the end of the month.  Any advice?  I promise, I am NOT making this stuff up!

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I would appreciate any feedback you can give me on my motion as far as how effective it might be and also as to better wording.  Thank you.

 

 

DEFENDANT’S MOTION TO STRIKE OR IN THE ALTERNATIVE, MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR PRODUCTION AND FIRST REQUEST FOR ADMISSIONS

Defendant, _______________-, respectfully moves this Honorable Court to grant this Motion to Strike or, in the Alternative, Motion for Protective Order Regarding Plaintiff’s First Requests for Discovery, pursuant to Florida Small Claims Rule 7.020( B), which states:

Discovery. Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court. [Emphasis added]

FACTS

  1.  Defendant is an unrepresented party in this action, proceeding Pro Se, and has not initiated discovery. To Defendant’s knowledge the Court did not grant leave to the Plaintiff to initiate discovery directed at Defendant during the pre-trial hearing on 01/08/2013, rather the Court ordered Plaintiff to provide discovery to the Defendant, specifically the credit card application signed by the Defendant and the monthly statements for the credit card allegedly issued in Defendant’s name, within 30 days of the pre-trial hearing.  As of this filing, Plaintiff has not provided the documents.
  2. Although Defendant is not required to answer Plaintiff’s requests for discovery, Defendant does not wish to allow the 30 day deadline to pass without denying the charges in the Plaintiff’s Complaint. Defendant is therefore answering the Request for Admissions and submitting it with this objection, but in no way should this negate Defendant’s objection.
  3. Pursuant to Florida Small Claims Rule 7.202(B), Defendant objects to the Request for Production or Request for Interrogatories.

WHEREFORE, Defendant respectfully requests that this Honorable Court grant this Motion to Strike or, in the alternative, Motion for Protective Order, and strike Plaintiff’s further requests for Interrogatories and Production, or enter a Protective Order excusing Defendant from having to respond to Plaintiff’s further requests for Interrogatories and Production, and for any other relief this Court deems necessary and proper.

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Here is another motion I would like feedback on.  Appreciate any help you can give.  Thanks.

 

DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION

 

COMES NOW, Defendant, ______________, pursuant to Florida Rules of Civil Procedure sections 1.130 (Fl.Sm.Cl.R. 7.050), 1.140(B) (Fl.Sm.Cl.R, 7.090) hereby submits this Motion to Dismiss Plaintiff’s Complaint brought by CAM1,LLC. dba CAM1, LLC of Georgia (Plaintiff), and in support thereof states:

RELEVANT FACTS

  1. This action was commenced on 11/30/2012 by Plaintiff filing a Summons and Complaint in _________ County, Small Claims Court.
  2. The Complaint claims two Cause of Actions involving a credit card, but neither the claim nor the Cause of Actions reference any particular credit card account number.
  3. Defendant Pro Se and Plaintiff appeared in person at the Pre trial conference on 01/08/2013.
  4. The Plaintiff identified an account number for the Court and the Defendant.
  5. The Plaintiff failed to attach any documents upon which action could be brought or defense made in violation of section 7.050 of Fla.Sm.Cl.R. (1.130 of Fla.R.Civ.P).
  6. The Court directed Plaintiff to render documents to the Defendant within 30 days which identify Defendant as the proper party to be named in the complaint, including a credit card application signed by the Defendant and all of the corresponding credit card statements containing Defendant’s name.
  7. Plaintiff has not complied with the Court order as of this filing.

POINTS AND AUTHORITIES

  1.  Florida Rules of Civil Procedure section 1.410 provides in part:

(b)How Presented.Every defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader:….(6)failure to state a cause of action…

  1. The function of a motion to dismiss a complaint is to raise as a question of law the sufficiency of the facts alleged to state a cause of action.  Connolly v. Sebco, Inc., 89 So.2d 482 (Fla. 1956).  For the purpose of a motion to dismiss, the Court is required to accept as true all well-pleaded allegations of the complaint.  Brown v. First Federal Savings and Loan, 160 So.2d 556 (Fla. 1st DCA 1964).  However, the Court is not required to accept as true allegations that are inconsistent with law.  Brown, 160 So. 2d at

563.  The pleading must be construed against the pleader in determining whether the necessary allegations have been stated.  Matthews v. Matthews, 122 So. 2d 571 (Fla. 2d DCA 1960).

  1. Dismissal is appropriate when supporting documents are not attached to the Complaint.

Florida Rule of Civil Procedure 1.13(a) provides in pertinent part:“All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy therof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading.”A motion to dismiss for failure to state a cause of action must be granted if the document on which the complaint is based is not attached.See Walters v. Ocean Gate Phase I Condo, 925 So 2d 440, 443-44 (Fla 5th DCA 2006); Safeco Ins. Co. of America v. Ware, 401 So. 2d 1129 (Fla. 4th DCA 1981).A party who makes a claim or defense based on a written instrument must attach a copy of the instrument to the pleading in which the claim or defense is raised.Jeff-Ray Corp. V. Jacobson, 566 So. 2d 885 (Fla. 4th DCA 1990).

 

 

 

WHEREFORE, Defendant respectfully requests that this Honorable Court grant this motion to Dismiss with Prejudice the Plaintiff’s Complaint and award Defendant fees and costs for having to bring the present motion, along with all such other relief as the court deems just and proper.

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If the account was your daughter's, could you get her to sign affidavit to that fact?  Also, can you show that the account was discharged in her bk?  That would support your dismissal.

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Hi BV80.  I could do that, I just hated to drag her into this if I could avoid it.  I don't want her to have to testify just because she has a lot going on in her life right now.  I just thought the Plaintiff would have to be able to show something, anything that links me to the account he is collecting.

 

If I do that, would I still present my motions? Is there any way to file it before the pre-trial so it could be dismissed right away - I suppose the plaintiff has to be there.   And should I complete the admissions? 

 

Still am incredulous that there is no Fl defense for "suing wrong party."  Thank you for your help!

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Yesterday I filed motion to Quash discovery because I am Pro Se and FL Sm Claims Rules prohibit discovery unless ordered by the court.  I included a Memorandum re: Response to PL's Request for Discovery indicating that I did not respond to the request, objected to the discovery but denied all allegations and demanded strict proof and again referenced the rule. I did not request discovery from PL because if I had, the PL had a right to do so too.

 

I also filed a Motion to Dismiss for failure to state a cause of action since there were no documents attached to complaint which is one of the SC rules and I found two Fl case rulings where it was found to be cause for dismissal.  I also attached a copy of my dispute letter with the OC and their response as well as a copy of 2 cc statements over a period of 4 years that do not contain my name (and I can supply all of the statements in between because the bank was good enough to include them in their response to my attorney), and I asked for the complaint to be Dismissed With Prejudice.  I am going to call the judge's clerk and see if she will address these motions in my continued Pre-trial 2/26 - and hopefully be done with this.  (BTW, I also sent copies to the Plaintiff.)

 

BUT, I am sure based on all of the things I have read here from so many, that is overly optimistic.  So, I need more help (Sorry - some of you have answered my emails numbers of time.  Thank you.)  I need to be prepared for what PL could spring on me next.

There is no way they have documents with my name on them and even if they had, the OC would have sent those instead of a stack with my daughter's name on them in response to the dispute letter my attorney sent.  So what do you think they will throw at me next? I know I will need an opeing statement and to be able to articulate the application of the rules and cases - but what will the PL do that I will not be prepared for. 

 

Thanks everyone for all of the help that you have lent me.  This racket these JDB's run has blown me away.  I am trying to think of a way to get the media to expose what is going on - I mean it cries for 60 minutes or one of the political pundints - it has all of the elements of the focus on the 1% - banks, corporations, politicized courts beholden to monied backers turning their backs on the very people they screwed over to begin with!  Sorry about the soapbox but it boils the blood to see the thousands of people hurt by this. And that is an understatement I am sure. 

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I think for what I read you are more than fine. Just if you answer the complaint at some point, request a jury trial, next time you see the judge say that for the records, and I'm sure your peers will agree with you that this scum  bags are just playing games.

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I think if they alleged that this is his account then he should fill out the ftc identity theft form,make a police report,make an affidavit saying that's not his account.Answer all discovery with defendant is the victim of identity theft.The court or plaintiff should dismiss the case.

Its not his duty to tell the junk debt buyer the account belongs to his daughter,they thought it belongs to him,so how do we know it belongs to her.They should make sure all information is true and correct(due diligence not a fishing expedition) before they file a law suit.Also ask for any costs you had incurred in this litigation.

 

 

https://docs.google.com/viewer?a=v&q=cache:DSJBlk8CJZkJ:www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESiHhHdyAqVNyfB7A1v1zC-izegkevhW9qNkMBtdULqVxubjz6UyL2e3QIeiaVOXMdYwXJ-i8ilBdPxDkZSLU0_vtN1L9Xb4S6LV26xBVhdV-eGtaetuOfVpTZUL61XcvahFvHsV&sig=AHIEtbSgu5DkzhpDk-TqLdYKpEEXJf7xvA

 

http://www.consumer.ftc.gov/

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