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formerpara

What happens next after I file a Motion for Sancitons Against the evil MF, LLC?

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Case has been going on for 2 years. They woke up one day after doing nothing and filed a MSJ against me, so I responded, papered them failrly heavily, I requested a hearing for leave to amend my answer, attended the hearing where they were instructed by court order to produce a privilege log. They sent some kind of untilmely garbage with codes but no phone numbers etc. They also, after 2 years of knowing I filed a counterclaim are now asking for more time.  I filed a motion for Sanctions and relief.  Where do I go from here???

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Hey you experts out there...... what should I do next? I need help and I am really overwhelmed.

Should I send a letter to see if Midland will dismiss?

Any suggestions would be appreciated.

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If you have a thread with the background on your case, please link it. You haven't provided enough information to get an informed opinion.

 

Otherwise I recommend answering the following:

 

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? To find out: 

Statute of Limitations on Debts

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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

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@formerpara

 

What is a privilege log? 

 

How was their "garbage"  :-)  untimely?

 

Why did a file a motion for sanctions?

 

Check FL RCP 1.420(e). 

 

In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute.

 

If no activity occurred for over 10 months, is there a record of the court serving a notice of inactivity?

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They were ordered by the judge to produce a privilege log which is a record of all communications they had with me orattempted to have with me. They had 30 days to produce it and didn't. I filed a counterclaim for fdcpa violations and fcra violations 2 years ago and they are now asking for more time to prepare. They sued me I responded with my counterclaim and it's prejudicial to me if they are granted more time. I consulted an attorney who drafted my motion for sanctions. I almost think I should send them a letter saying that I will drop my counterclaim if they dismiss the case. If they do they can't refile because it's past the SOL.

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Case has been going on for 2 years. They woke up one day after doing nothing and filed a MSJ against me, so I responded, papered them failrly heavily, I requested a hearing for leave to amend my answer, attended the hearing where they were instructed by court order to produce a privilege log. They sent some kind of untilmely garbage with codes but no phone numbers etc. They also, after 2 years of knowing I filed a counterclaim are now asking for more time.  I filed a motion for Sanctions and relief.  Where do I go from here???

 

Don't know who worked with you on your sanctions motion, but go find a consumer lawyer in your area. There is no shortage of good ones in Florida. Your posts indicate you're being taken advantage by both the court and opposing counsel. As you may know, Florida state court is a nightmare.

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What is a privilege log? 

 

Privilege log is a list of identifying documents the other side has refused to produce, based upon an privilege objection; attorney-client, trade secret, etc. The list, without disclosing the content of the document itself, is supposed to include stuff like what the document is about, who created it and when, who is in possession of it, etc. It shouldn't reveal the alleged privileged content, but should contain enough information to allow the other party to determine (for purposes of compelling discovery) whether the content is indeed protected by an enumerated privilege, or, as is the case most of the time, whether the documents are being improperly withheld.

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@nascar

 

I did consult a consumer lawyer who used to work in house for a JDB. They are now in private practice representing debtors.  The lawyer has been guiding me through this process and suggested that I contact MF, LLC in writing to settle it. My idea of settlement at this point is dismissal.  The judge even told me at the hearing I scheduled that I cannot sue for attorneys fees because I am appearing Pro Se.  He was wrong because a friend who is an attorney got case law to the contrary from a magistrate. I didn't say anything to the judge because I was scared.  My husband is dying of cancer and I am not willing to negotiate with these JDB terrorists!!! I figured I had nothing to lose by filing the motion for sanctions since their actions are actually sanctionable.  How do attorneys usually react to this?????

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@nascar

 

I did consult a consumer lawyer who used to work in house for a JDB. They are now in private practice representing debtors.  The lawyer has been guiding me through this process and suggested that I contact MF, LLC in writing to settle it. My idea of settlement at this point is dismissal.  The judge even told me at the hearing I scheduled that I cannot sue for attorneys fees because I am appearing Pro Se.  He was wrong because a friend who is an attorney got case law to the contrary from a magistrate. I didn't say anything to the judge because I was scared.  My husband is dying of cancer and I am not willing to negotiate with these JDB terrorists!!! I figured I had nothing to lose by filing the motion for sanctions since their actions are actually sanctionable.  How do attorneys usually react to this?????

 

 

You need to hire a lawyer to represent you in court, not advise you as a pro se.  As a pro se, you cannot get attys fees.

 

www.naca.net

 

www.attorneysforconsumers.com

 

or just google "florida consumer lawyer"

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