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481  Flordia Debtor / Post a Question / Hearing for MSJ...... Beating the Deadline! on: August 27, 2006, 03:31:46 PM
Don't forget to file a Final Judgment not just a motion to grant msj.


Can I amend my MSJ to add addtional case law?
482  Flordia Debtor / Post a Question / Hearing for MSJ...... Beating the Deadline! on: August 27, 2006, 03:17:11 PM

Both INP and myself have MSJ's before the court.

I think I have Bermans on MSJ, but I only copied that section.  My question is when someoen opposes the MSJ do have to write why that person's opposition is wrong or is it a dead issue.

Is this the reason there is such a short time to recieve a copy of the Motion.

For me the opposition will have a long time to respond to my complaint, while I only have the 2-5 days to respond to theirs, yet this is a non speaking trial as far as evidence.

I am assuming you argue why they are wrong but you can't offer an testimony in addition to what you have already submitted.  

Why else to you go to court on MSJ.
483  Flordia Debtor / Post a Question / Hearing for MSJ...... Beating the Deadline! on: August 27, 2006, 03:07:04 PM
Hope that helps you Salt,

Fraud and FD the reason I said the extra 5 for mailing, there was a discussion on this somewhere, wanted to make sure if he needed that time to mail he was running into problems.
484  Flordia Debtor / Post a Question / Hearing for MSJ...... Beating the Deadline! on: August 27, 2006, 11:50:06 AM
I am confused on what you are asking as far as the timeline.

I would think if you need discovery before doing your MSJ that you would do the Oppostion to MSJ etc, Motion to Compel, Motion to Strike.

If not then I would file everything as soon as possible and ask for a court hearing for all of this on the same day to save the Courts time.

Write you request for your hearing date to be the same as the hearing dates for the MSJ you have scheduled.  

Here in my county the courts send out the hearing notice, I just request and supply the blank form for the hearing notice.  If you need a copy of one I will post mine, straight out of a reference book on Fl law.

Post your work, delete all personal info others will review and offer some guidance.  I am not an expert, I can read it for readability and ease.  If I can understand it, the courts should be able to understand.

Only submit the order granting your motions, don't do there work.  Besides according to the RCP's the side with an attorney is suppose to do all the orders, they don't so always write yours not theres.

You submit the blank notice of hearing date the court will fill out and send to everyone.  

Did the JA say the Court will hear your motions on the same day. My JA said the motions have to be reviewed first by the Court prior to a hearing date, not sure you can accomplish this.

Again, without knowing the the proper thing to do, I would submit all with a letter stating what you want heard on that day.  Send a copy of everything to the opposition.

In my county anything I do is sent to the Judges chambers for review on the day I submit it.

Fraud is this correct.
485  Flordia Debtor / Post a Question / Hearing for MSJ...... Beating the Deadline! on: August 27, 2006, 11:28:01 AM

Salt needs help on the timeline and what to do.

Okay, I am not sure hopefully Fraud will correct.  I don't know where it states 5 days for mailing but I believe it does somewhere.  So that is 5 days before plus 5 days for mailing that is 10 days before hearing date the opposition is suppose to have your Opposition to MSJ to them.

Or you can hand deliver 2 days before.  I don't think it is just 5 days and the mailing time is included in that timeframe.  I just CMRR it took 7 days for them to sign for the package.

You need to get the Opposition in asap.

I sent all my motions to the court at the same time but I wrote a letter to the Court stating what I wanted in that letter. Court hearing date for

Motion to Preclude

If the court would not grant the court date for the above motions then to save time of the court then I was requesting court hearing on Motion to Compel Discovery.

The JA told me the Judge would preview my motion and either grant me a hearing on my motion or not, if he didn't then he would set a court date for trial on the Plaintiffs complaint.

They lost my MSJ and the request for hearing dates.  The JA called me and told me to submit a request for a hearing date which I had already done on the Motion to Compel and Discovery.  So, by this comment he is granting me the hearings on these motions.

If you have to ask in writing for a court hearing, you have to have what motions you are asking for with the request for the hearing.
486  Flordia Debtor / Post a Question / phone numbers on: August 26, 2006, 01:10:21 PM
Should you want to make a sticky for phone numbers

1 800 218 1175 belongs to NCO

1 800 749 9921 belongs to Bray & Lunsford P.A.

also what does this mean:
 zone attorney associate financial sercvices 58-75
487  Flordia Debtor / Post a Question / phone numbers on: August 26, 2006, 09:10:59 AM
any info on these numbers

1-800 749 9921

1- 800 218 1175

488  Flordia Debtor / Post a Question / Court is screwed up on: August 24, 2006, 05:57:09 PM
Good for you, I'm still waiting, so who knows.
489  Flordia Debtor / Post a Question / Court is screwed up on: August 24, 2006, 03:20:10 PM
Got a call from the JA today saying I need to file a letter with the court asking for a court date which I did.  She also said all I had filed was a motion to preclude and a motion for discovery.

I told her I had submitted numerous items and I didn't want a hearing on Discovery.  That motion was to save the courts time if the other motions were denied. I was told if the Judge didn't like my motion he wouldn't give me a date.

Finally I convinced her to look at the docket as they were on the Docket yesterday, now they have to go get my file and re look at it.

Such a waste of time and energy.
490  Flordia Debtor / Post a Question / Federal or State on: August 23, 2006, 07:12:54 PM
Does anyone have a federal  or state case for FDCPA violations they would be willing to send to me via email.

491  Flordia Debtor / Post a Question / Just wanted to say "nice site" on: August 22, 2006, 08:45:38 PM
Thats what I was thinking, when INP told me about it.  

Especially with Fraud here to help all of us.

492  Flordia Debtor / Post a Question / MTD V MSJ-based on SoL on: August 18, 2006, 04:54:27 PM
Just curious with this question as to what would be the best route.

Let's say you are being sued and you are fairly sure you can win on SoL.

Is it best to file a MTD or file your answers, go for discovery then file your MSJ.

Since I am not familiar with MTD at this time can you ask in the prayer for violations of state and federal statute's on FDCPA.

Also, in the MTD what is the likely hood of the motion being with prejudice or is all SoL's with prejudice.
493  Flordia Debtor / Florida Pleadings and Forms / pleadings on: August 16, 2006, 08:48:52 PM
Will post my forms in the near future.
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