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Author Topic: Unifund has filed against me  (Read 35914 times)
fraudfighter
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« Reply #45 on: December 17, 2008, 03:54:26 AM »

The judge may say that you would have not been harmed if you had not shown up, but I bet the judge being so busy as she claimed would have granted the default to the PLTF if you had not shown up.
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madscientist
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« Reply #46 on: December 17, 2008, 07:01:37 AM »

I agree with what you said. I'm positive the judge would have ruled against me by default had I not been there.

I have my answer ready. I just need to work on my counterclaims. Also, the document that I submit complaining about the lack of service, does that have a specific format or is it done just like the answer/MTD? Thank you.
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madscientist
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« Reply #47 on: December 18, 2008, 12:05:49 PM »

So I just got back from court. I submitted all the paperwork: answer, affirmative defenses and counterclaims along with a memorandum in support explaining what occurred the day of the trial, the lack of service, etc. I also filed the request for production of documents. I sent copies of all these documents to the Plaintiff's attorney via certified mail, return receipt requested.

What next? Should I wait a few days and send their attorney a settlement letter - I dismiss with prejudice, they dismiss with prejudice? Is it a good idea to do this now or let them make the next move?

Now that the hearing for the MTD has been scheduled, I need to focus on caselaw for dismissal based on lack of personal service, and on the attachment rule since those were the topics I addressed in the MTD. I need caselaw backing those up. Any help you can provide would be great.

I thank you for all the help you have given me. If you can think of anything else I can do, please let me know.

Also, what happens at the hearing to discuss the MTD? What if the MTD is granted, what if it's denied? Do I have to appear for this hearing with any exhibits? Do I have to mail copies of those exhibits to the Plaintiff's attorney? I imagine the exhibits would be case law backing up my stance.
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fraudfighter
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« Reply #48 on: December 23, 2008, 10:47:08 AM »

So I just got back from court. I submitted all the paperwork: answer, affirmative defenses and counterclaims along with a memorandum in support explaining what occurred the day of the trial, the lack of service, etc. I also filed the request for production of documents. I sent copies of all these documents to the Plaintiff's attorney via certified mail, return receipt requested.

What next? Should I wait a few days and send their attorney a settlement letter - I dismiss with prejudice, they dismiss with prejudice? Is it a good idea to do this now or let them make the next move?

Now that the hearing for the MTD has been scheduled, I need to focus on caselaw for dismissal based on lack of personal service, and on the attachment rule since those were the topics I addressed in the MTD. I need caselaw backing those up. Any help you can provide would be great.

I thank you for all the help you have given me. If you can think of anything else I can do, please let me know.

Also, what happens at the hearing to discuss the MTD? What if the MTD is granted, what if it's denied? Do I have to appear for this hearing with any exhibits? Do I have to mail copies of those exhibits to the Plaintiff's attorney? I imagine the exhibits would be case law backing up my stance.


When you receive the return receipt on the first mailing, so that you have proof of receipt, then you can send them your settlement offer of mutual dismissal to leave them an out if they want it should they realize or decide they are not going to get the documents to prove their case.
As for case law, there is a lot posted on this website. But, you can find a law library in your area and start visiting it.
The Florida Jurisprudence 2d series is the best place to begin research of what Florida law is.
It goes through key legal topics and shows the applicable case law.
It's a 30-to-40 or so volume of burgundy colored books.
Another good series book is the Florida Statutes Annotated.
It breaks down Florida statutory law and shows the applicable case law for each statute.
This is another 30-to-40 volume series of dark red or brown books.
Then there are the experts books like those from Berman and from Padavano.
These cover in detail Florida procedural rules for litigation and appeals and go into great depth on the applicable case law.
Berman's book is Florida Civil Procedure. Padavano's book is Florida Civil Practice.
There are probably other 'experts' book in the law library as well.
The Southern Reporter has the individual appellate case rulings that are the applicable case law referred to in these law compendiums.

Is this February hearing just on the preliminary issue of dismissal or is it the actual trial of the case?


 
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madscientist
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« Reply #49 on: December 23, 2008, 01:58:55 PM »

Thank you. I will be checking those as time permits. The Feb hearing is on the motion to dismiss. I would assume they would have to produce the documents by then to be able to keep the case. I have filed my answer and defenses and counter claims and the request for production of documents. They shouldn't need any more time to produce the required documentation. I'm counting on the dismissal if they don't produce the documentation by the hearing date. I don't see why they'd be allowed to have extra time.

With regards with caselaw, I see caselaw here on the attachment rule but I don't see any on dismissal based on lack of service.

Also, when I present this info in court, do I have to show it in exhibits and send them a copy? Do I have to mail the attorney a copy of the caselaw I plan to introduce? Thanks for all your help.
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fraudfighter
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« Reply #50 on: January 04, 2009, 09:38:20 PM »

Thank you. I will be checking those as time permits. The Feb hearing is on the motion to dismiss. I would assume they would have to produce the documents by then to be able to keep the case. I have filed my answer and defenses and counter claims and the request for production of documents. They shouldn't need any more time to produce the required documentation. I'm counting on the dismissal if they don't produce the documentation by the hearing date. I don't see why they'd be allowed to have extra time.

With regards with caselaw, I see caselaw here on the attachment rule but I don't see any on dismissal based on lack of service.

Also, when I present this info in court, do I have to show it in exhibits and send them a copy? Do I have to mail the attorney a copy of the caselaw I plan to introduce? Thanks for all your help.

Memoranda of law are not evidence. They are merely legal arguments using case law authorities.
You should serve by mail on the opposing party any court paper you file with the court.
There is an rule of thumb 5 day in advance rule with court papers served by mail.
Have you been to the law library yet?
Look for Padavano's book: 'Florida Civil Practice'.
Padavano is pro-attachment rule dismissal and I believe has those case law authorities in his book.
 
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madscientist
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« Reply #51 on: January 05, 2009, 08:30:52 AM »

Thank you for your answers. I haven't gone to the law library yet. I will be going this week. So when I find caselaw supporting my side, how do I introduce this to the court? Is it in a memorandum in support of? I would also need to submit a copy to the Plaintiff's attorney. I am not sure how to prepare the paperwork with caselaw to present in court. For example, if I find case law on the attachment rule that works in my favor, how would I present that? Thanks.
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madscientist
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« Reply #52 on: January 12, 2009, 09:49:04 AM »

I think I found some caselaw. Do I have to email copies of the case law to the Plaintiff's attorney?
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madscientist
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« Reply #53 on: January 14, 2009, 06:10:05 PM »

Anyone??
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Fighting the Good Fight in FL
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« Reply #54 on: January 15, 2009, 11:20:35 AM »

I would suspect that ANYTHING you submit to the court must me mailed to the opposing attorney.....
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madscientist
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« Reply #55 on: January 15, 2009, 01:50:32 PM »

Thank you, grossman. Any idea on how to prepare this? Is it a memorandum that I have to submit to them? I have to double-check, but I am pretty certain I found caselaw supporting dismissal based on lack of attachment. I have not been successful in finding any on dismissal based on insufficient service of process. If you guys know of any that could apply, please let me know (for either one or both). Thanks.
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mcb11902
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« Reply #56 on: January 16, 2009, 07:19:07 AM »

The court won't dismiss based on insufficient service of process; what you do is move to quash service of process.  But if you've already filed an answer, the court isn't going to quash service.
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madscientist
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« Reply #57 on: January 16, 2009, 03:22:17 PM »

Ok. Thank you. Scratching that one. The failure to attach still stands. I believe I found some caselaw on that. I'm having trouble understanding how I'm supposed to introduce this caselaw into the court. Also, do I also mail this caselaw to the opposing attorney?
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madscientist
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« Reply #58 on: January 20, 2009, 07:47:26 AM »

Can anyone help? Basically, I need information on how to introduce caselaw into this case in support of my argument. I found some caselaw on dismissal based on failure to attach. How do I introduce this? Do I send a copy to the opposing party's attorney? Thanks.
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Florida Debtor
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« Reply #59 on: January 21, 2009, 04:32:39 PM »

Can anyone help? Basically, I need information on how to introduce caselaw into this case in support of my argument. I found some caselaw on dismissal based on failure to attach. How do I introduce this? Do I send a copy to the opposing party's attorney? Thanks.

 (Remember, I am the webmaster, not the legal expert)

You quote the caselaw in your agrument for your "Motion to Dismiss" and you include the complete caselaw in your "Memoranduim of Law" for your MtD.

I think you may be beating  dead horse though. I believe all the judge is going to do is give them time (30~60 DAYS) to provide the needed docs to prove there case. I dont think they dismiss for this. (I saw that somewhere and I dont remember where).

Hopefully others will chime in and correct me if I am wrong.
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I am not a lawyer. It would not be wise to use anything I say as legal advise. Check for yourself.
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