KevinErrbenn

Sued my creditor: Just came back from court.

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5 hours ago, KevinErrbenn said:

@Brotherskeeper @fisthardcheese what's the best way to show the court I served the right entity, at the right address?

With an affidavit testifying under penalty of purgery exactly how you served them, along with any CMRRR proof you have.

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56 minutes ago, KevinErrbenn said:

From the Florida’s website for Division of Corporation.  

Excellent. In your affidavit, state the internet address you accessed and the date you accessed it to print out the true and correct copy of the entry for the corporation showing the registered agent's name and address. You can check the Florida Bluebook for the proper format for a citation like this. (IANAL)

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So it's been 30 days since I filed my MDJ and no action has been taken by the court. It's also been 60 days since I filed the requested affidavit. Should I speak to the judge or write the judge?

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What do your local rules say about how long there court has to rule in pending motions? In AZ the 'suggested' time is 60 days, but there's nothing setting a time in stone. Basically when the court gets around to it. 

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On 12/3/2019 at 10:31 AM, Harry Seaward said:

What do your local rules say about how long there court has to rule in pending motions? In AZ the 'suggested' time is 60 days, but there's nothing setting a time in stone. Basically when the court gets around to it. 

I'm in Florida. I have searched but can't find a definitive answer. Feels like this is all I have pending and can't do anything about it?

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When i got sued by Citi, they had filed a motion. After a few weeks of no activity in the court, Citi filed a Notice of Lodging as sort of a reminder that the motion had been sitting idle. As i remember, the court ruled on the motion within a week after they filed the notice. 

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Called the Judge’s chambers. The judge had been reassigned to another court and my motions were in lingo. The judge assistance confirmed the motion would be presented to the judge the next morning. I just checked and judgement has finally been entered. Waiting to receive the paperwork in the mail.

Question is, do I give it some time before contacting them or do I contact the OC now? Not clear what to do with this judgement to be honest. 

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What is the time limit for an appeal in the State of Florida. I would wait at least that long (and give a few days for the other side to get a copy of the judgement) prior to doing anything. Once that period went by, you can start by sending a letter stating that you have obtained said judgement and are requesting payment within 30 days. If they don't pay, then you will have to start looking at ways to seize assets to pay the judgement.

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On 12/14/2019 at 8:03 PM, WhoCares1000 said:
 
 

What is the time limit for an appeal in the State of Florida. I would wait at least that long (and give a few days for the other side to get a copy of the judgement) prior to doing anything. Once that period went by, you can start by sending a letter stating that you have obtained said judgement and are requesting payment within 30 days. If they don't pay, then you will have to start looking at ways to seize assets to pay the judgement.

Sounds good

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The longer they wait, the more fun it gets.  Just like someone on the now defunct old boards who obtained a judgement from a collection agency which never paid up, so he showed up at their call office with a Uhaul and the Sheriff and started removing office equipment. 🤣

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