Here is the update so far on [Re: here we go...to court]. I just got a JUDGE'S COURT ORDER to answer the CA lawyer's interrogatories (again, the first time I replied not relevant sol has expired) by producing all receipts and items purchased with said card. WTF the judge is compelling me to answer somthing I can't. Plus this is past the SOL according to my credit reports. Any legal types out there? Lizard? Tuit? Why-Chat? Anyone have to defend this stance???
I don't think I am the "legal type" but you say according to your credit report the SOL has expired. Do you have any other information to confirm this? The SOL is an absolute defense, have you filed for summary judgment? I would definately attempt to answer the interrogatories, you could be held in contempt if you don't. Are you doing this completely pro se or do you have a lawyer assisting you?
CA's lawyer is suing me, they were assigned the debt. Yes the judge wants me to provide the evidence within 15 days from the 20th. I did answer and filed the interrogs once already but apparently that was not what they wanted me to say. I have filed a motion to dismiss but not a summary judgement. What other information could I have that would prove the sol? All my bad stuff, charge offs, are dated between 11/96 and 7/97. It was a real bad time and once my baby was born 8/97 I know I paid nobody but the mortgage,phone,etc
I was trying to do this pro se because the only lawyers I talked to said pay and be done with it. At that point in time I had no idea about sol and I haven't looked at a credit report from 12/95(good credit) till 1/02 500 club member. I was afraid to, I knew it was ugly
If you have the funds available, I would see an attorney, let them know you are handling this pro se but would like some help navigating through the courts. I would also read the courts rules for civil procedures, it will tell you how to answer the interrogs and also when to file for summary judgement. I would also send the plaintiff interrogs and have them provide you with the dates so you can be sure it is beyond the SOL. I can't believe they would let it go this far if they knew the SOL was up. Have they made any attempts to settle?
Bosslady, 2 things. First of all, if you don't have recepits or a recollection of what you purchased, that's OK. I don't know, or I don't recall or, I no longer have the receipt is a perfectly logical answer to any question. Secondly, I think you've run into a hardassed judge and you can't afford not to have a lawyer.
I do have the funds, but I'm ahving trouble finding a consumer affairs att...BK, general practice,and FL's famous personal injury attorneys. Where do I find court rules? I have gotten most info from the net and the library. Lizardking was helping give advice up to the motion to dismiss. They have made no attempt to settle, I guess if they communicate with me it's "an attempt to collect?" Any Consumer lawyer referal's in Tampa Bay?
I do think this judge is being a hardass. His order said he reviewed the case. Didn't I have the right to be at the motion hearing when he ordered me to answer? So far my proof is my credit reports...are they not, by law, 100% accurate? His proof is a print-out that says the last date of pay is 2/98. I know for a fact I didnot pay after 6/97 at the latest probably before.
Bosslady, you could and should have served them with interrgatories and then you would have access to their documentation. Does the lawyer represent the original creditor or a collection agency? You should be able to subpeona the records clerk of the original creditor or if the original creditor is in anther jurisdiction, at the very least a certified statement from her/him. Its very involved, but you can do all of this. It sounds like they are getting discovery from you, but you are getting nothing from them. If you have to answer within 15 days (you said they filed a Motion to Compel?), all you can do is answer them...you might still be able to serve your own interrogatories though..don't know. If you don't have an attorney, they are supposed to serve you with everything they file with the court. So, yes..you could have been there, but its up to you to check with the court and find out when the motion is scheduled to be heard. If you do not know the answer to an interrogatory, say you don't. Don't make anything up....its a sworn statement and could get you into trouble. Did you use a checking account way back then? If so, contact your bank and see about getting copies of your checks from that time frame. There will probably be a charge, but most banks keep them for you if you don't get them back in your statements every month. You can then put in your answers to interrogatories that you do not have the information, but have attempted to order documentation from the bank. You need to tell them what efforts you made in order to answer that interrogatory. I will try to find some caselaw for you tonight on SOL pertaining to these issues. Is your email turned on? L
In the movie APPLE DUMPLING GANG (yes I like G rated DISNEY movies)...the JUDGE said "BRING YOUR OWN ROPE FOR THE HANGING"
Thanks GEORGE, lol It is all getting very complicated. Whyspers, I didn't know I could serve them. I was lwad to believe if it is sol and I showed a dola ... case closed, I hate learning by the seat of my pants The lawyer is from a collection agency which was assigned the debt from BoA which must have "bought out" an old nations bank acc. In reality the "original creditor" no longer exists. What Type of records or certified statement, my old account records? What is the meat and potatoes that I need? You are right, I'm getting nothing...not even kissed Yes I got a court order to answer ...They did send me the motion to compel dated (regular mail) about 7 days before the Judge's order. I called the clerk on the 3/18 and she said nothing was scheduled to be heard yet. Guess I will have to delve into my box of bad memories hidden deep in the closet for answers thanks...... my email is on
A request for disclosure,which you may or may not have received,is to have you "disclose" your assets in the event the plaintiff wins a judgment. Since you have answered the compaint,submitted the interogatories, and are prepared to appear at a show cause hearing, the only thing you need do at this point is respond to the Court that you have not received any "disclosure" request from the plaintiff,that the plaintiff has not,and can not validate the claim, and that you are prepared to show proof the case is time-barred at any show cause hearing that is called.
I believe in Florida the asking for a hearing in order collect on a judgment can only be done by a plaintiff NOT represented by an attorney. Attorneys in Florida can ask a defendant to give a deposition to secure information. This is in Florida Small Claims Rules 7.221(b). If the request for information is strictly for the attorney to get his ducks in a row with the assumption that he will win, then this clearly a violation of the law. He may well be a fishing expedition trying to get you to disclose info he knows he can't get under the rules provided to him.
Bosslady: Please get an attorney, because these people are playing hardball and it seems like the judge is not helping matters. If you are not sure about the process, get help very soon! On another thread I talked about setting shop soon, maybe I can refer you to someone who will be able to help you navigate through all this. You live in Florida? my email is calanova2000@yahoo.com, if you want to talk further. Good luck!
It is true that the Fl. Small Claims Court prevents a plaintiff represented by a lawyer from requesting disclosure from a pro-se defendant, EXCEPT with court approval,since her request to respond to a disclosure (which she never received) came from the court, it is likely an automated "follow-up" to a court approved request.
Lizardking is right, Cypri is wrong. In Fl. and in most other States the Small Claims Court is geared up to help the "non-lawyer" party.As long as she has ANY proof of the action being time-barred, and the lawyer has zilch,(otherwise he wouldn't still be trying to get her to give him information) she wll win.
I agree with Lizardking. Call the court cordinator and set up a "Judges Confernce, before the Motion to Compel has expired. "68.09 Burden of proof.--In any action brought under this act, the State of Florida or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence." This will allow you to present you defense to the judge as outlined by law. I agree that you should use the other court opinions as your basis. However, on the issue of validation, it is no longer considered to be validation at this junction in the legal process. You will have to send them Level II Interrogatories for the plaintiffs to answer, this is how it is done in Texas. Once they receive the Interrogatory request, they will be Compelled to Answer them within 14-21 days, cant remember the exact time frame. Also, if you decide to contact a lawyer, here is a 800 number: 1-800-342-8011, they are a referral service in the Tampa area. Also, I would site various Florida statues dealing with the statute of limitations: (95.11) http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0095/ch0095.htm On the notion of Discovery, or Interrogatories, you may request them at any time during the proceedings, which is entitled by Florida Statute: 50.111 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0051/ch0051.htm Ok, that should be enough to get you started. My email is enabled if you have any questions. "Just preparing for Law School"
