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Author Topic: Success Story of Using Civil Procedures 1.130 Works and You Can Win  (Read 4761 times)
SHRINKINGVIOLET333
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« on: April 06, 2010, 12:37:40 PM »

This was a nice case that I hope can help someone.
The only downer was it was Dismissed w/o prejudice...
but it is a win nontheless:   http://www.consumerlaw.org/unreported/content/Moehrlin.pdf

Just a quick question...Would it matter if a person used this case in FL
if he/she was not from the same area as this case was in?
thanks,
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I am learning the hard way, so don't listen to seriously to what
I have to say, as it isn't legal advice. Go see a lawyer for that.
SHRINKINGVIOLET333
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« Reply #1 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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I am learning the hard way, so don't listen to seriously to what
I have to say, as it isn't legal advice. Go see a lawyer for that.
IAMfree
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« Reply #2 on: April 11, 2010, 07:13:17 PM »

Hey Shrinking Violet!

You're not alone..I'm here and from FL. Just got a summons last Thursday (actually was for husband). Been doing a LOT of into the night studying. I also use faith so I am claiming the victory! I learned a bunch but know I still need to filtrate some of this info and discover the best way to use for our success. (I will!) I bought a couple of e-books along with a paper back by a woman in Florida that won in a big way..her book to arrive on Weds., the 14th. Looking forward to that, but meanwhile did get a great e-book that is easy to work with and understand on the procedures.Hubby glad we bought it..he's had his nose in it the better part of the day.

I wish you the best! We all need to stick together and help one another.
IAMFree
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SHRINKINGVIOLET333
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« Reply #3 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)
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I am learning the hard way, so don't listen to seriously to what
I have to say, as it isn't legal advice. Go see a lawyer for that.
oyvey
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« Reply #4 on: April 15, 2010, 03:13:44 PM »

I am not a lawyer and this is not legal advice however in my recent expereince a Motion to dismiss on rule 1.30 a and b is suficent to cause the court to order the Plaintiff to cure the defect in the pleading by attaching documents and is normally 10 calendar days. The subsequent attachments may meet minimum standards to allow the case to survive into discovery and trial. The Motion can me made at any point, even after answers and affermative defenses. Discovery is extended by the curing period, however it is best to ask for that in the order. Attachments mean nothing substantial except that you now have at least some documents outside of discovery that are necessary for your defense. If they do not attach then it is dismissed without prejudice and can be resold. It will not be dissmised without the opportunity for Plantiff to cure the defect as it is written into the rules, so the judge will give the minum amount of time. I think it should be your first action even before answers (but still answer within 20 days).  Record your motion with the court, send court stamped copies to Plaintiff, keep a copy for you and one for the judge at the Motion hearing. Call the Judicial assistant and get a hearing time, file a notice of hearing, stamped by court, one to plaintiff, one to court, one to you, one for the judge. Show up.
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IAMfree
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« Reply #5 on: April 16, 2010, 02:46:55 PM »

Hi there violet!

What I did within the last 24 hours is to purchase a wonderful package from jurisdiction.net. I use only a pre-paid credit card now and that is how I bought it. This study is done by a retired (Godly) Florida attorney and he makes it VERY simple to understand how to go through any legal situation and does that step by step. He covers it ALL.You may want to check out his site, jurisdiction.net. My husband spoke to him by phone, he's wonderful, however does not want to take any cases and will not answer your legal questions. Only answers to any trouble on site which my husband had (which was his doing:>).

Through my new studies today in our package, I found out that it is best to use a motion 1st so you can to avoid doing the answer. If you are beyond that, I cant say anything at this point for I am so fresh and new at all of this. But it did excite me and empower me to find out that the demand from the atty (who is SUPPOSEDLY representing plaintiff) that was stated at beginning of summons for an answer in 20 days DOES NOT mean I have to bow down to what he states. that I HAVE TO do that answer.. I have other options! I DID NOT know this until I starting going through the tutorial of the package. We have rights and one is the use of motions if we can find one by examining the allegations. If  unsure but think you can, you may want to try this.The worst that can happen is the judge will deny the motion. But doing the motion buys time and can help avoid doing answer to summons. Look at allegations on summons and determine if there is anything there you want to question, you're unsure of. Also, in doing the motion I am already from the get go showing atty that I am not going to take this lying down. We need to do this whenever we can! I am sure attorneys and plaintiffs use what they can to intimidate us defendants. We need to stand up to that if possible. We have a lot more rights than we realize and should use them.

We are called defendants for a reason...we are to defend ourselves against any allegations we find untrue for one reason or another. That is OUR RIGHT.

I may have to still do answer but am looking for ways to avoid that. I found out about this wonderful package I bought through a book I purchased called :Default !!! Escaping the Debt Trap and Avoiding Bankruptcy.

There is also a site of support for pro se (self-appointed attorneys) which most of us are these days It is called suijuris.net.

My husband and I are finding this takes a lot of study and NERVE! The nerve to stand up for ourselves.
Will keep you all posted here as I go along.

I think I can use a particular motion (there are three) and probably will to avoid answer. There seems to be more than one allegation I can work with in the summons to do this. I want this atty to prove things to me...that is the biggest leverage we can use, proof.

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