"notice of hearing' sued by credit card company

Discussion in 'Credit Talk' started by Anjetta, Aug 20, 2009.

  1. Anjetta

    Anjetta New Member

    Hi there

    My husband is being sued over a credit card debt which has been bought by Hudson & Keyse. We received a letter stating we have a Notice of Hearing before a judge.

    We responded to the original summons with a Motion to Dismiss based on the original contract not being included in the summons (it stated that it was attached), and that the total due is different in the several places in the summons.

    They also do not have the correct name on the summons...

    I know that my husbands wages can not be attached due to Florida Law. He is the only one supporting our house hold.

    They filed the suit one month before the SOL.

    We have $283 left over each month after paying our bills which covers pet care, any 'extra' (clothes, son activities etc.) We have NOTHING in savings.

    Can you tell me what to expect at this hearing? Any advice on what I should bring?


    Edited to add -

    The plaintiff will be appearing telephonically and will initiate the phone call...

    This means they will have no other 'evidence' correct? Without the original paper work will it be a matter of our word vs theirs?
  2. Dumb Bob

    Dumb Bob Well-Known Member

    Dumb Bob is confused (this is often the case, of course), but you said you filed a motion and now there's a hearing. Is the hearing because of your motion? What happened to your motion? Did you file it correctly? Did you appear and answer the summons and complaint or otherwise prevent them going for a default judgment?

    How much wealth you have isn't a defense.

    Finding out what the purpose of the hearing is seems sensible. If you haven't appeared, maybe you aren't being served all the papers that are being sent to the court. Have you looked at your case file at the court to see if you are getting everything? The last thing you want to do is fall for some trick.

    Likely they will have affidavits and some sort of statement claiming you owe some amount that will be referred to in the affidavit as proof that you owe that amount.

    Do you have your affidavits in? Apparently we don't know if this is a hearing for a default judgment or summary judgment or a hearing caused by your attempts to set a motion for dismissal or for some other reason.
  3. enigma

    enigma Well-Known Member

    The hearing was set to argue the Motion.

    You can oppose the Telephonic Hearing, you should have an attorney review it first.


    Defendant, appearing pro se, moves in limine pursuant to Rule 2.530(d)(1),(2) of the Florida Rules of Judicial Administration for an order barring the taking of testimony of unidentified witnesses by telephone at the trial in this cause.

    Telephonic testimony would impair the courtâ??s ability to (1) ensure that witnesses are properly sworn and competent to testify, (2) ensure that witnesses are testifying from personal knowledge rather than reading inadmissible materials into the record, (3) determine what documents and records the witness is referring to in testimony, and (4) assess the witnessesâ?? credibility.

    Rule 2.530 (d)(1) of the Florida Rules of Judicial Administration permits testimony to be taken by means of communication equipment, including telephones, â??if all the parties consent.â? Plaintiff has not sought or obtained such consent, nor has it named the witnesses who seek to testify by means of communication equipment, specified the topic of their testimony, or identified what facilities are available for swearing of oaths and reference to documentary evidence.

    For all these reasons, Defendant requests that the court enter an order limiting testimony at hearing to that of witnesses who are present in court.
  4. Anjetta

    Anjetta New Member

    Okay - here is an update - I guess...

    At the hearing the judge gave the Hudson & Keyes 20 days to proved proof that this debt was ours. After 21 days they filed a very poor quality copy (in places completely unreadable) or a generic credit card agreement. No where on it did it state our names or any information about us.

    I files a second Motion to dismiss back in October and have hear nothing since. This is what the court site states:

    vs. US
    Jury Trial STIP NOTH Reason Type Disp.
    Filling Date Appeal Date Judg. Date Reop Date Docket Date

    10 Docket Entries, 10/08/09 to 04/01/09
    Link To Pages Date P/D Docket Entry Ver
    08/10/09 PLAINTIFF NOTICE OF HEARING 082809 10:15 F

    I just spoke with a clerk who told me I should file an "unsigned order" for dismissal otherwise it will simply sit there forever - trouble is I really don't know what that is... or how to find one - any help out there?
  5. Dumb Bob

    Dumb Bob Well-Known Member

    While every court has its rules, Dumb Bob wonders how you filed a motion and set a court date and heard nothing. What happened on the court date? Is it possible that you aren't filing your motions correctly? Have you looked at court documents to see how lawyers do it? Perhaps there are magic words you need to include.

    Sometimes, and this might just be a waste of paper, when a motion is filed, the actual order is included. Without it, assuming that there's no hearing, what is the judge supposed to do?

    Please take a friend, or someone else involved in this, and go to the court and ask to view records of similar cases. You probably will have to provide the court case numbers so look up everything that your opponent has done in your county. Be polite, you want to be friends with clerks not their nightmare. Follow the rules, like limits on numbers of cases and on the time needed to get them. If they are available electronically, you may only have to learn some software. For your trouble, you'll find one in a hundred cases that are helpful, but that needle in a haystack will make your day.
  6. billbauer

    billbauer Well-Known Member

    Looks to me like they may be coming after you on the basis of an account stated claim. There are quite a few cases out there showing that many courts have ruled against filing on an account stated basis and Florida itself has several. Seems to me you might do well by some research into the meaning of account stated and relevant cases
    Did you present a notice of hearing to the judge and get a court date set? If not then your motion might never be heard.
    That's also interesting. In what way was the complaint amended?
    See here? The plaintiff is getting their motions set via notices of hearing but I see no place where you have done the same.
    Who are they or what does that mean? Are they the process servers or what?
    And this? What happened here? Somebody goofed here and you need to find out who, what and how
    That's not hard at all. Do a google search for order of the court and you should be able to find some samples to go by. You also speak about telephonic hearing. Sounds to me like you haven't been using discovery very effectively if at all. You probably can't prevent a telephonic hearing and you can demand all manner of proof and it is doubtful that your pleas will get any attention. I'd say that you might want to depose those who are going to testify by telephone before the hearing. Depositions are one of your discovery tools and you should have been using all of your discovery tools long before this. You can and should demand to be allowed to go to the attorney's offices and view all of their documentation and get copies of all of it. Also be absolutely certain to get a court reporter at any and all hearings in order to establish a record for possible appeals later. Get one even if you have no plans to appeal.
  7. billbauer

    billbauer Well-Known Member

    I'm sure you corrected that mistake on their part, didn't you? If so that was a grave mistake. Never educate the other fellow. After all, what are they going to do with a judgment that has the wrong name on it?
    Oh? Don't bet on that. Let his wages get deposited into a bank account and see how fast they do a back door garnishment getting every penny in any bank accounts he has his name on either as a sole account holder or as a joint account holder. Got a savings account set up for your child(ren) so they have money to go to college or for an elderly parent? They can get all that too. In some states they can put a freeze on up to 10 times the judgment amount.
    Then why haven't you used a laches defense?
    That's true in theory but in practice it will most likely work out to be their word against yours and yours don't count.
  8. apexcrsrv

    apexcrsrv Well-Known Member

    I've always liked laches as an affirmative defense against creditors. Problem is that some judges don't understand it because it is so rarely argued anymore.
  9. billbauer

    billbauer Well-Known Member

    Yes, and there isn't much use in trying to run something up the courtroom flag pole that has little chance of getting saluted.

    I've got a similar situation going on now. A person sent me two files he wrote up and wants to file a case in Washington D.C. District Court. He hasn't asked me to help him with it but he did say he wants me to critique it but I just don't understand it at all. I'd ask you to help me with it but I know you wouldn't understand it any better than I do.

    Another problem is that this guy is pretty popular on a couple of other forums that I used to moderate but got booted off of because I wouldn't go along with all the nonsense and horsepucky people were posting on those forums. The next problem is that I also have an ongoing battle with U.S. Magistrate Judge Bristow Marchant of the 2nd Circuit because he wrote an opinion about a case in which he publicly denounced me for teaching the exact nonsense this guy is thinking about filing and I did no such thing. Never have and never will. Needless to say, Judge Marchant was most upset with the idiot that filed the case but his claiming I was teaching the crap when I have always railed against it was just plain wrong.

    So knowing that I got kicked off those two boards the way I did and now coming to me for my opinion is something I just don't understand. If I tell him what I think of it I run the risk of his going back and telling everybody what an bad guy I am. So my problem is how to tell him in a nice way that I'm not interested in working with him without taking a chance of getting badmouthed in the process. I've already got more of that stuff on my plate than I can say grace over.

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