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 on: September 26, 2012, 02:46:30 PM 
Started by floridasued - Last post by cmart56
You are going to have to be more clear as to the reason or reasons stated for not wanting to go to the hearing.And you stated something as to you not having the opposition?I am trying to understand your question(s).Fraudfighter has posted on this website a wealth of materials on the rule you cited .You might want to read it if you have not done so already.Also, what is the court's  jurisdiction?

 on: September 20, 2012, 06:44:45 PM 
Started by floridasued - Last post by floridasued
A brief summary or recent activity. after a year of battles in court, I received a motion for summary judgment against me in the mail May 29th.

On June 1st I received a notice for deposition on July 3rd. I needed time to respond to their summary judgment so I filed for an extension of time (20 days) on June 15th to respond because I do have issues of material fact.

On July 3rd I went for my deposition to find out it had been cancelled (Never told me that).

I was curious so I went online to the court docket and saw to my surprise that a hearing was held on June 27th granting plaintiffs motion for summary judgment.

I did not receive notice of this hearing. The court docket did not show notice of hearing either. I have been to court 4 times so far and each time the plaintiff sent me a notice of hearing and the court sent me copies and posted on the docket.

I called the judge and his clerk told me to fax him a summary of my issue. I did send the summary stating the non notice of hearing and that I was not done fighting this. As a result, the judge has schedule a "Status" hearing for next month but has not vacated the summary judgment yet.

My questions are as follows:

1. Should I file a motion to vacate the judgment per the plaintiff not following Rule   1.540(b) and that I have issue of material fact unresolved before the “status” hearing, during, or not at all?

2.  I did plan to file a motion in opposition to plaintiff’s summary judgment before I found out the hearing was held without me. Should I have that filed before I go to the status hearing, during the hearing or wait until the judge asks?

The reason I ask is that I do not want to go to the hearing and have the judge say I’ll give you another hearing if you have any evidence to oppose the plaintiff. Then not have my opposition with me or sent to the plaintiff.

On the other hand, I do not want the plaintiff to see my hand before it is necessary. I would like to have another hearing scheduled and send my opposition 5 days prior per Florida law.

The judge has been fair with me so far.

Any help would be much appreciated.

 on: September 05, 2012, 02:42:36 PM 
Started by Dolphin - Last post by cmart56
Check your court's website for information and procedures on court ordered mediation.For example,the 9th judicial circuit court of FL as well as the Miami-Dade county court website publish in their website information and procedures about mediation.You did not indicate what judicial circuit your case is in.Generally,if you cannot pay your share of the mediation fee;you must complete a court issued form asking the court to declare you indigent.Contact the clerk of courts for information about the form and procedures.Also,read the local court rules and procedures for your circuit.I hope this helps. 

 on: September 04, 2012, 12:34:29 PM 
Started by Dolphin - Last post by Dolphin
It is in Circuit Court.

 on: August 30, 2012, 08:55:03 AM 
Started by Dolphin - Last post by cmart56
What court are you in?Small claims,County,or Circuit? Have you read Fl Statute Ch. 44 ? If not,start by reading this chapter of the Fl Statutes.

 on: August 29, 2012, 12:18:17 PM 
Started by Dolphin - Last post by Dolphin
In the judges "uniform order setting cause for trial" here in Florida it states on one line "The case shall be mediated prior to the pre trial conference unless waived by the court". I get in the mail a mediation appointment and have to pay $125.00 to the mediator... I don't have the $125.00 and am quite upset that I even have to do this. An OC for a Credit Card is taking me to court and I have already denied owing this money...

My question is, is this fair that a judge can make you pay $125.00 for mediation when it has not been proven yet that it is my debt? What can I do?

I had a similar lawsuit against me several years ago and was ordered to a mediation via telephone and I didn't have to pay anything?

Any help would be greatly appreciated! Oh yes this is in Civil Court.

 on: May 02, 2012, 10:46:43 PM 
Started by SadieGrace - Last post by cmart56
what do you mean by falsely tolled?did you mean to say erroneously tolled?tolled by whom?and in particular tolled falsely by whom? what court are you in?small claims.county,or circuit?

 on: May 02, 2012, 11:20:40 AM 
Started by Null0 - Last post by cmart56
i agree with you that they are without a doubt harrassing you as well as trying to intimidate you as well.and if you show them you lack knowledge about the whole process they will quickly move on you,i.e.,try to garnish your bank account.put the lender's attorney on notice that all monies in your credit union account are solely from your wages.remind him or her that you told him/her in the deposition.and let them know that you will not hesitate to sue them if they gaarnish funds from your bank account.specially when you told them on more than one occasion that these funds are from your wages.wrongful garnishment is actionable.put everything to them in writing via certified return receipt mail.copy the court file as well as the judge in the case.And i would request the hearing for the determination of your wage/head of household exemptions.

 on: May 02, 2012, 10:11:26 AM 
Started by Null0 - Last post by Null0
In the deposition I submitted credit union statements showing the only deposits into the account were wages from my spouse and I, via direct deposit from our employers.  I also told them that the account is joint and set up as tenant by entirety.  The only reason I can see that they would do this is because they want to harrass me. 

 on: May 01, 2012, 03:47:49 PM 
Started by Null0 - Last post by cmart56
the legal doctrine of joint tenancies by the entireties should shield a bank account held jointly by a husband and wife from the creditor's  reach.but only if one of the spouses' is indebted and the other spouse is not.like in your case.your wife is not indebted or in privity with the creditor.further,generally only wages are exempt from garnishment.however,if you can show that the monies in the bank account are from your wages,the creditor cannot garnish said funds in your jointly held bank account.but,while the process of proving these funds to be exempt from garnishment,your bank account could be frozen.so you did right by removing your name for the time being just to play it safe.i would definitely discuss the issue of joint tenancies with your bank officer and how that is handle at your bank in a situation like the one your in.moreover,it would not hurt to consult with a consumer law attorney about these issues and the possibility of any action on your part in the event of a wrongful garnishment.i would also put the lender's attorney on notice as to the fact that any monies in the joint account are from wages and as such are protected from garnishment. 

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