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1  Flordia Debtor / FICOwizard / Re: FICOwizard coming very soon! on: August 22, 2011, 11:03:18 AM
Make sure you keep us up to date on this website. Thanks! We all need as much 'education' as possible.
2  Flordia Debtor / Post a Question / Re: GARNISHMENTS ON BANK ACCOUNTS on: May 13, 2010, 08:57:53 AM
Hello,

Here are some links to look at ahead of time, so you can prepare.
This has some info for what to do with wage garnishments ...etc..  and about banks too.....
Great advice from a asset protection atty:

http://www.assetprotectionfl.com/2008/03/head-of-household-affidavit-and-wage-garnishment.html

http://www.legalaidocba.org/documents/DEBTORSRIGHTSBROCHURE.pdf

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0077/SEC041.HTM&Title=->2008->Ch0077->Section%20041#0077.041
3  Flordia Debtor / Post a Question / Re: Affidavit of Claim and Certification of Debt on: April 23, 2010, 11:51:43 PM
I know this sounds weird, but can you subpoena the employment records of the individual
that signed the affidavit?
Laypersons are legally allowed to do this. It sounds dramatic, but you need to show them
that you mean business.
I found this gem on creditinfocenter.com:  I cut n pasted the part that I thought might help you.

How to Combat These False Affidavits Based on Hearsay Rules
Attacking the Authority of the Affiant (Person Writing the Affidavit)

1.Subpoena the affiant (person writing the affidavit) to appear in court for testimony. Usually the affiant will be "unavailable."
2.File subpoena for employment record and resume. There may be some fighting by opposing attorney but since they are claiming to be knowledgeable, this is not an unreasonable request.
3.Does the employee look like he or she has knowledge of record keeping? If hse has only been employed to contact debtors on the telephone, obviously, there is no experience.
4.If the affiant experience looks questionable - pose question as to how she can know the OC's methods of keeping records.
5.What if the affadavit is employed by Original issuer of the credit card? Even if she is an employee of the OC - does she have proper experience to be a record keeper?
6.Cite the case law given here showing that affidavits are known to be false and misleading.
7.Stated in your motion filed w/ court that "the affiant's employment resume shows she cannot have knowledge of the OC's bookkeeping practices... given that, and the fact that she is not available to testify in court - and may not even exist along with the past used of falsified affidavits in other states by this JBD points to this affidavit of being highly suspect and should be stricken."
8.Does the affiant have the necessary background to be a record keeper? If so, is there a claim they are familiar with the OC's record keeping? What is the proof for their statements?
9.Cite cases where affidavits are purported to be made on personal knowledge but in fact are based on reading a computer screen.
?Luke v. Unifund CCR Partners, No. 2-06-444-CV, 2007 Tex.App. LEXIS' 7096 (2nd Dist. Ft. Worth Aug. 31, 2007).
?Palisades Collection, LLC a/p/o AT&T Wireless v. Gonzalez, 10 Misc. 3d 1058A; 809 N.Y.S.2d 482 (N.Y.County Civ. Ct. 2005):
Todd v. Weltman, Weinberg & Reis Co., L.P.A., 434 F.3d 432 (6th Cir. 2006);
10.Delawder v. Platinum Financial, 443 F. Supp. 2d 942 (S.D.Ohio March 1,2005);
11.Griffith v. Javitch, Block & Rathbone, LLP, 1:04cv238 (S.D.Ohio, July 8, 2004);
12.Gionis v. Javitch, Block & Rathbone, 405 F. Supp. 2d 856 (S.D.Ohio. 2005);
13.Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 655 (S.D.Ohio 2004), later opinion, 395 F.Supp.2d 662 (S.D.Ohio 2004);
14.Stolicker v. Muller, Muller, Richmond, Harms, Meyers & Sgroi, P.C., 1:04cv733 (W.D.Mich., Sept. 8, 2005).
15.File your motion to strike.
16.At this point, the affidavit should be stricken, and hopefully the case will be dismissed.
 
4  Flordia Debtor / Post a Question / Creditor says Not suing on Contract, suing on Damages on: April 22, 2010, 03:01:53 PM
(I posted this on a diff.forum, but they are not as informed as to FL law's etc., can anyone here give me a smidge of courage?)

Our 'Affirmative Defenses' have been challenged by *** card services.
The atty has filed a ‘Motion to Strike Affirmative Defenses’.

Interestingly they brought up something I didn’t notice, or that I assumed wrongly.
I had in the Affy that he failed to attach a contract to the complaint, and he is now saying that ‘Plaintiff has not filed a count for contract.’ ( I guess that means, they aren’t suing us on a ‘contract’, just damages??)

Now really….even if they didn’t file a count for contract, ISN’T DEBT BASED ON CONTRACT??
On the complaint I re read it with a fine toothed comb, and it sure enough doesn’t really say they are suing on the contract. But is does say tucked in the complaint under Count 1 that ***card services  established a credit acct in defendants name.

Is that possible? Without a contract? For that amount of money?? NOT a CONTRACT to be found ANYWHERE?? This is over 20k folks.

Here is basically what the complaint said:

Count1-‘’credit card’’. Damages that exceed 15k (acct.allegedly 21k) Says *** card services established a credit acct in the defendants name…(hello, isn’t that a contract?)

Count2 ‘’-money lent’’ it says again the alleged 21k' + % and court costs.

Count3-‘’ unjust enrichment’’ ...says coferred a benefit to defendant who has
Knowledge thereof. And defendant voluntarily accepted and retained
And defendant was unjustly enriched.

So is it still okay that I amend my affirmative defense and still attack that somewhere somehow a contract had to be somewhere?

Or should I ‘Object’ to this motion? Or ''Strike'' it ,And file it?

And another thing, I am thinking this is an alleged Line Of Credit…unsecured loan.
So how can they not have a contract? I can’t think straight with this stuff.

The atty also attacked that I had no affim defense to use Fl statute 559.715 because the debt was not assigned. Didn’t I have a right to use that affirm.defense because how do I really know that this wasn’t assigned or bought without bringing that up. Or was I wrong to do that? I was suspisious because they haven't been able to produce a contract. Doesn't OC's usually have the contract? Geez...!

Funny thing the atty didn’t balk at my affirm defense of Lack of Privity. That we never entered into any contractual or debtor/creditor arrangements with Plaintiff. So does that mean anything GOOD? If he agrees with that, then shouldn’t case be dismissed? Geez.!

If anyone out there has a drop or two of advice thanks so much. If you think I'm toast...let me know. I have only been able to get copies of statements, I think about 6 of them, and a chart showing a balance is due. OC's should sue on more that that... right? Can I get back somehow on Lack of contract/or cardmember agreement/ or a signature not there? or what???
5  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 19, 2010, 06:55:00 PM
Yes, your retired Atty Dr Graves is wonderful with the Jurisdictionary programme.
He is correct NOW is the time to get the 'Request for Production of Documents' in
You have I'm not sure, I think 30 days, maybe in some counties 20 days to get this in
BEFORE you even ANSWER the complaint!!!
Here I am providing an example of one I had to get up recently.
Please use at your own peril, and by ALL means CHANGE what does not apply!
Another annoyance is this is not formatting correctly.....sigh,

this is 2 pages:  here is page one:


*** CARD SERVICES NA                                                    IN THE CIRCUIT COURT OF THE *** JUDICIAL CIRCUIT
       PLANTIFF,                                          IN AND FOR ***** COUNTY, FLORIDA
                                                 *** -001*****-0000-00
V
                  
Doug E****
   DEFENDANT.
_______________________/

                                                     REQUEST FOR PRODUCTION OF DOCUMENTS

The Defendant, Doug E****, respectfully asks of Plaintiff, and also will file a copy of this request for production of important documents, in order to make ready for defense.

Please read:  “When … pro se, allegations must be read liberally and court must hold to a…less stringent standard than those drafted by attorneys.” Raber v. Osprey Alaska, 187 F.R.D. 675  (M.D. Fla. 1999).  Thank you for understanding.

The Florida Rules of Civil Procedure allows this request.
Please produce each and every document requested in Schedule ‘A’ herein.

This is in order for the Defendant not to be prejudiced, and to examine for defense.  The document stapled to the original summons the Defendant received on 11/10/2009 was unclear, incomplete and inaccurate.  All that was attached was a ‘Chart card for E******’ that ANYONE with any kind of computer could have invented or alleged. Please read: Florida Rules of Civil Procedure Rule 1.130 , and also please read: Fla Stat. 90.953(2) Requirement of originals.
Defendant also is respectfully asking that the documents be in neat order, and numbered.

Not one of the requests made are unduly impossible, if what the Plaintiff is asserting is accurate. Otherwise, this lawsuit should be dismissed with prejudice. Defendant kindly requires this information within 30 days.  Thank you.

Respectfully,

_____________________________
Doug E****   
Address
Your city, Florida,



Now here is page 2







*** CARD SERVICES NA                                                    IN THE CIRCUIT COURT OF THE *** JUDICIAL CIRCUIT.   PLANTIFF,                                           IN AND FOR *** COUNTY, FLORIDA
v                                                 2009CA-********-0000-00         
Doug E *****
DEFENDANT.
____________________________/   
                                                 REVISED REQUEST FOR PRODUCTION OF DOCUMENTS
                                      SCHEDULE A
1. The alleged credit application from “”*** Account”” bearing the Defendant’s original signature; Please, not  a copy, but the ink signed signature. Please see FLA STATUTE  90.952. 

2.The alleged credit agreement from “”***account’’ that states interest rate, grace period, terms of repayment, et cetera; that was in force during the alleged usage of this “”*** Account””

3. ALL Itemized statements or credit card statements from” *** Account” that show how the alleged amount of $23,****.79 was calculated; A complete accounting.

4. A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt from “”*** Account” .

5. Letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt, “”*** Account””;

6. Any and all records of alleged payments made by the Defendant. Including Certified copies of the last 6 checks both front and back.

7. Any and all further documents that you say establish that Defendant had an outstanding debt related to alleged *** Acct””;
 
8 .Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt. Please read:  FL STAT. 90.401   Definition of relevant evidence.--Relevant evidence is evidence tending to prove or disprove a material fact

9. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant;

10.Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or  for alledged ” *** Account””;
 
11. All DOCUMENTS relating to any communications between Plaintiff and Defendant with respect the alleged “”*** Acct”;

12. All DOCUMENTS relating to any communications between Plaintiff and Original Creditor (Bank of NitWits)  with respect to the alleged ” *** Account”;

13. All original charges slips signed by defendant, with the original creditor.  Read FL STAT 90.401& Fla Stat. 90.953(2)
 
14. Any and all documents listing the names and addresses of each and every person employed by the Plaintiff who handles checks mailed to the Plaintiff.

15.  Any and all documents reflecting any assignment of Defendant’s alleged debt to the Plaintiff. Please read: FLA STATUTE 559.715 Assignment of consumer debts, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. (Defendant never received such document.)

16. Letters or documents handled by the Customer Service Department, who handled any correspondence of  the Defendants alleged exact ”*** Account”;  This is not meaning the automated payment processing center, but the center where actual personnel representing ***Acct had so read and make decisions regarding this exact alleged account.

Please return needed Documents within 30 days/ otherwise complaint to be dismissed w/ Prejudice.

Thank You, Respectfully,___________________________________   Doug E***, Defendant.                               
I Doug E*** Certify that I mailed a true copy of this document via USPS reg.mail on ________________________2010, to Z*******s and Associates. ****** North ******** Boulevard, Their city, Florida, Zipcode

 






6  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 18, 2010, 11:27:51 PM
I really like those 2 links oyvey.
The link with the deadline calculator has
other state specific information on it too.
Good going!
7  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 18, 2010, 03:45:49 PM
Can you believe that there are attys out there that will
say they are representing the orig. creditor, but really they
are JDB, or they have bought that debt. They will have needed
to disclose if they did that. On the summons or complaint
it should state WHO the plaintiff is. If they are misleading you, they
are liars, and can be in a LOT of hot water
Read this wonderful link about what happened with a Cap1 suit:
http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/
Another subject:
Just a little piece of advice.
Before you EVER 'Motion' the court to do anything....
Make double sure that you have already 'Requested'
the information from the Plaintiff first.
Judges don't like it when the Civil Proc.rules are disregarded.
Speaking from experience.
We filed a 'Motion for Production of Documents'....when the
paperwork should have said 'Request for Prod. of Documents' instead.
When you 'Motion' you are 'moving the court'...or getting the Judge
involved personally;
So first do your own due diligence and get those "request' out first...
then, if the Plaintiff doesn't produce the needed  documents, THEN
file the "Motion to Prod. Documents.''
That is just an example, but I hope you can learn from our mistakes.
But now, if you have already done your Request, and they didn't
do it, and they also ignore the 'Motion' oooooohhhh my...they are
disobeying a Court Order, aren't they?
Hope they back off... if they don't have good documentation for you!
Keep your chin up, you are learning.
8  Flordia Debtor / Post a Question / Re: Lack of Prosecution, case dismissed !!! on: April 18, 2010, 03:31:59 PM
Ashgur,

Need to know a couple details here.
Did you yourself go to the cleck and initial the failure to procecute,
or did the Judge do it without prompting from you?

Any updates?  Did it get dismissed with/ or without prejudice?

If without prejudice, can you jump in there and Motion the court
to dismiss with prejudice so it will not come back up to bite you later?
9  Flordia Debtor / Post a Question / Re: HOW TO OBTAIN PROOF OF OWNERSHIP OF DEBT on: April 18, 2010, 03:27:39 PM
Hey, I know how overwhelming this can ALL be.
I came across this lil gem in my research, and if you EVER find out that
The atty suing you didn't comply to it, you can counter sue:

Florida Fair Debt Collection Practices Act 559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

Now remember, you NEED to compile a great 'Request for Documents' from the plaintiffs atty.
That is what you call 'Discovery'.
In it.. make sure you ask how the atty came to getting the lawsuit information against you.
Did they get 'assigned' the debt? Did they 'buy' the debt? or are they truely representing the OC?
If they were 'assigned' the debt, then they need to have provided you a letter within 30 days of that
assignment. Did they?

Make the atty PROVE they are representing the OC if it ever comes to a lawsuit. Request authenticated evidence, not hearsay and rubbish printed off their computer screen.  http://expertpages.com/federal/federal.htm  is EXCELLENT. Have fun.
10  Flordia Debtor / Post a Question / Re: Failure To Attach on: April 18, 2010, 03:11:35 PM
Florida Rules of Civil Procedure
RULE 1.130 ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS

(a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments.

(b) Part for All Purpose. Any exhibit attached to a pleading shall be considered a part thereof for all purposes. Statements in a pleading may be adopted by reference in a different part of the same pleading, in another pleading, or in any motion.


Yippie for this treasure!!!
11  Flordia Debtor / Post a Question / Re: Can I file a motion to dissmiss on: April 16, 2010, 11:59:18 PM
If I read this right, the Plaintiffs atty didn't even show up .... the Judge 'calls HIM' ... and then gives the absent atty
ANOTHER CHANCE?Huh? I would have been angry. Oh boy.

If that atty didn't have the respect to show up then I would have asserted myself and said 'I object! Your honour!' If
the Plaintiffs atty does not show up, then I move the court to dismiss with prejudice!!!!!!
Unbelievable, you got shafted.

However, maybe I read it wrong. Please correct me if so.  I seem to be thinking right brained lately.
You are dern right.  I feel as many other do, that if someone is suing me....that they better be prepared to
show proof they have what it takes to legally sue me.
How would they like to have someone sue them without showing an original contract or paperwork?
The Judge was WAY out of line.

Do you mind pm'ing me what county you are in?  I hope it's not mine, but if it is, I want to be prepared for what
may lay ahead of me.  I have a MSJ hearing coming up in less than 2weeks.
I am proud that you spoke up about your Rule 1.130 a and b, and also the chain of assignment of the debt.!!

Is that permissable for a different atty just to jump in there and take over a case that he/she wasn't assigned to?
That is unfair playing.
If you didn't show up in court they would have yelled for a default judgement, the same should apply to them, only harder.
You should of cried for a complete dismissal  w prejudice, and GOTTEN it!!.
Keep us up to date.
12  Flordia Debtor / Post a Question / Re: Can I file a motion to dissmiss on: April 14, 2010, 10:54:32 AM
I recieved an e-mail dated 6 pm on the 9th from the plaintiff attorny saying that the hearing was cancelled and rescheduled for June 3rd. I called the JA and it is still on for tomorrow. How can they reschedule my motion hearing without contacting me? I will be there early with e-mails in hand.

That reeks.  I would be livid. PLEASE update and let us know how everything went and is going.
I hope the Judge 'gives it to them'. How dishonest is that to outright lie to the defendant.

I can't wait to hear what happened!
13  Flordia Debtor / Florida Case Law / Re: Success Story of Using Civil Procedures 1.130 Works and You Can Win on: April 14, 2010, 10:50:36 AM
IAM,

Good for you.
I have had 4 lawsuits this past year and a half.
Not all have gone as good as I had hoped, but I didn't know our rights.

I would not have known what to do without this particular
website, as they have an enormous amount of information on
case law/ statutes/ rules. Wish I knew this sooner.

A judge should NOT be able to deny a defendant who has
a honest case that is backed up by the very laws that his/her
courtroom should be based on.
So.. respectfully hold the Judges feet to the fire, and make them
obey the laws.

The opposers attys are going to use whatever means they can to
win, and they are hoping you don't know what is admittable in
court or what is not admittable.

But with the economy the way it is, they are going to realize they
are going to be dealing with a LOT more pro se's who can't afford
a lawyer..and who are doing what your hubby is...sticking his nose
in books that are educating him and you.

So yes, the courts are going to realize the pro se's are arming themselves
with legal knowledge they didn't have available to them before.
The internet has helped me tremendously.
It is time for a 'different pro se'.
The time has come and it is now.(I can't remember who said that, haa)
14  Flordia Debtor / FICOwizard / Re: FICOwizard coming very soon! on: April 08, 2010, 07:07:50 PM
OK, when this gets up n running, I want to post on Debtorboard/ Creditinfocenter/ and I have
some friends on a private board that are crying about their credit.
I am shocked at how great an idea this is, and because of the legalities...its frozen.
Brillant idea.
15  Flordia Debtor / Florida Case Law / Re: Success Story of Using Civil Procedures 1.130 Works and You Can Win on: April 07, 2010, 09:18:47 PM
Well, I guess I'm gonna use it 'anyway' even tho I didn't hear anything from anyone.
I will let you all know if it worked out, okay.....hey is that an 'echo' I hear?  Oh, right
I'm the only one in this place....kinda quite....hummm, I don't want to wake anyone up.
Shhhhh....!
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