In my opinion,the suggestion to "file" an FDCPA complaint with the Fl Small Claims Court may sound good, but will be ignored. If she decides to actually file a counter-suit for damages in Small Claims Court, that might have some weight. Filing complaints with the FTC and the Fl. Dept. of Ag. and citing those filing #'s in a letter to the court WILL get their attention.Some of the other "legal"remedies, are not, in my opinion, available in Small Claims Court and would require her to file for transfer of the case to civil court.
Okay...Thanks in advance to all the "BIG GUNS" for stepping up...I really need it. Lizardking here is the link to the first posting "Here we go...to court" http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=140582#post140582 In this thread it states the motions and his interrogatories he had filed up to the date of the last posted response of that thread. #1) $5100 ....plus att fees etc #2) I answered all the questions as you suggested Lizardking Not relevant the sol has expired on the issue. #3) The court order states: Order on Motion to Compel Discovery This cause came before me upon Plaintiff's motion to Compel Discovery, there appearing before the Court, DICK , Attorney for the Plaintiff, and the court having considered the matter together with the entire record, and being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED That the Defendant shave have 15 days from the date of this order to comply with the discovery requests previously made by Plaintiff. DONE AND ORDERED IN CHAMBERS,XXX COUNTY, FLORIDA DATED 3/20/02 COUNTY COURT JUDGE XXX #4) I'm in Florida and sol=4 To the best of my knowledge Yes I Know in my heart nothing was paid after 8/97, it was probably before...I'm researching that now. In about 5/97 I had tried a "fake/scam" credit counseling service...sent them $ for the amount they said they could do a deal on my debts for about $750. In June all creditors started calling again...where is our money. I said F*** this and sent everyone C& desist letters...didn't know what I was doing but no one bothered me till now...Never got that $750 back either #5) I filed the motion to dismiss that you already wrote. The clerk stamped it and added it to the file I DID NOT call and request a hearing for 30 days out on my motion to dismiss...I needed a couple weeks to get "other" personal commentments scheduled first as not to conflict #6) I have not filed a Motion for summary Judgement. I' lost why am I having the burden of proof here? Is it part of the "old boys club"?
This is Fl. Small Claims Court, should have had a show cause hearing by now, supposed to be no more than 95 days from initial filing.
Lizardking Why-chat or Reshod If I answer this set of interrogs as Lizard has suggested...Do you think this will suffice or do you think their attorney and the Judge will say I'am just saying the same thing as "not relevant the sol has expired". Will this put me in contempt of court? What did Enron say?
Thanks Lizardking, What you are saying makes sense when you put it like that. I will get those printed and filed with the court. You do know this is in civil court don't you? Just checking so we are on the same page. What do I do about the motion to dismiss that I filed as you wrote for me from the previous post? I filed it 2/14. Now that it is clear for me to go to a hearing 30 days out should I go ahead and schedule it with the Judge's sec't this week? How come there doesn't appear to be and show cause happening? Have you checked your Email?
