v.something Posted March 19, 2018 Report Share Posted March 19, 2018 I found this forum a little too late. I got a lot of information to submit my response, but I hadn't dug really deep yet. I also can't find the list of questions to answer to streamline so I'll do my best to make sure I cover it all. Synchrony Bank (Sam's Club) suing via the big Z attorneys. $8240.29 I was served properly on Feb 19. 20 days to respond. I responded in time. I filed an answer that claimed "Lack of knowledge to fully answer" all statements except the statements that pointed out an exhibit. To those I acknowledged that the exhibits appeared to be what they claimed they were but then had "Lack of knowledge to fully answer" the rest of the statement. Their two exhibits were the credit card agreement and my last statement. I also filed a Motion to Dismiss claiming "Plaintiff failed to attach signed agreement with original creditor (they used to be GE financing or something) as required per Rule 1.130(a)" So I thought I'd be waiting for a court date. Today I received Motion for Summary Judgement from them. It includes an affidavit from a Sync employee, Affidavit of attorney's costs ($370), and the military thing showing I'm not military. I've prepared a Motion to Compel Arbitration and am ready to file that tomorrow. What else do I do? Do I start filing JAMS tonight? Will a Judge rule on any of the Motions without a hearing? Thanks for any assistance. In the meantime, I'll keep reading ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I never denied the debt I never requested verification Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 20, 2018 Report Share Posted March 20, 2018 1 hour ago, v.something said: I also filed a Motion to Dismiss claiming "Plaintiff failed to attach signed agreement with original creditor The courts are well aware that there is no signed agreement in a credit card case. Your motion will be denied. 1 hour ago, v.something said: Today I received Motion for Summary Judgement from them. It includes an affidavit from a Sync employee, Affidavit of attorney's costs ($370), and the military thing showing I'm not military. You need to file an opposition to this motion ASAP or you will lose. 1 hour ago, v.something said: I've prepared a Motion to Compel Arbitration and am ready to file that tomorrow. I believe that FL requires you file this INSTEAD of an answer. If you already filed the answer you may have waived your right to arbitrate in FL. You need to find out ASAP. 1 hour ago, v.something said: What else do I do? Get a consult with a good Consumer Attorney now! @LawKitty is a great FL attorney to start with. This case is in State Court not small claims due to the amount and you will have to know ALL the rules of civil procedure or you will lose this. You need help now. 2 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 20, 2018 Report Share Posted March 20, 2018 Yes, Florida is extremely strict about waiving the right to arbitration. You have probably already waived it, but I am not a Florida attorney. Quote Link to comment Share on other sites More sharing options...
v.something Posted March 20, 2018 Author Report Share Posted March 20, 2018 Thanks for the quick responses. This is county court, not State Court. The amount is under $15,000 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 20, 2018 Report Share Posted March 20, 2018 12 hours ago, v.something said: This is county court, not State Court. The rules will still be more rigid than small claims. Small claims is very informal as most parties are not represented by a lawyer and doing this on their own for the first time. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.