Borack & Associates, P.A. Borack & Associates is filing a Motion for Default Maitland Florida
Steve from Brandeton...We need your help!!!!!
Here is the story, in February of last year, 2007, we were served with a summons from Tri Cap Investment Partners LLC for several credit cards that we tried to get included in our bankruptcy in 2005. Our bankruptcy got dismissed and now this Tri Cap company bought all of our accounts and wanted their money.
We responded to them, requesting all documentation, contracts, signatures, etc. from the original creditors ($18,000) and went to the courthouse and filed a Notice of Intent to File in March, 2007 (within the required time to respond to them).
In late February, 2008 we received from the Clerk of the Circuit Court a Notice of Dismiss for Lack of Prosecution, since they never responded or filed any pleadings in over 10 months. The court assigned a hearing for June 18, 2008.
Today, May 7, 2008, we receive this "package" from Borack & Associates out of Mailtand, Florida with a Motion for Default; Motion for Default- Final Judgement; Default Final Judgement; Affidavit for Attorneys Fees; Affidavit of Interest & Costs; Non-Military Affidavit and a couple of other forms. Still, we have not received the informatiaon that we orignally requested last year, no debt validations, original contracts, payment history, etc. They say we owe now +$20,000.
We are totally stressed over this because we do not kow what to do at this point.
Is this company going to get a judgement against us, and if so, since we are in Florida, our house is exempt, my husband's salary is exempt (I think), but we do not know what could happen.
They could get a judgement on our house, but since we are not planning on moving it is not going to affect us, right?
Can they freeze my husband's bank account? We have separate accounts and he is the only one named on the lawsuit/judgement.
Can they come after me?
Any suggestions/comments are really appreciated.
Lourdes
Valrico, Florida
U.S.A.
7 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
If they sue you again.
#8Consumer Suggestion
Wed, June 25, 2008
Be prepared. If you can obtain a transcript of the judge's call, you might want to get it (if the court doesn't charge too much.)
Also, should they do the same thing, not show up, then ask the judge to dismiss WITH PREJUDICE-this will prevent them from being able to sue you again in the future. Further, if they should file suit against you after it has been dismissed with prejudice, you're in an excellent position to sue the pants off them-improper use of judicial process, frivolous suit, malice-filing suit to deliberately inflict economic and emotional harm. You're attorney will laugh all the way to court, back, and to the bank!
Lourdes
Valrico,Florida,
U.S.A.
Update on Borack & Associates!!!!
#8Author of original report
Fri, June 20, 2008
We went to court this week, and Borack did not show up. The case was dismissed!!! Now let me explain how this happened.... We get called in and no one from Borack shows up, so the judge decides to make a call to Borack's offices on her speakerphone. When the judge identified herself as a judge from Tampa, and that she wanted to talk to Attorney "So and So" that had filed the motions, she was told by the "receptionist" that there was no one with that name working there. Again, the judge identified herself as a judge and asked again to talk to Attorney "So and So" and again the receptionist told her that that person did not work there.
By this time the receptionist had an attitude and kept asking the judge where was she calling from, etc. The judge explained that she was about to dismiss a lawsuit against "Mr & Mrs ****" if there was not an attorney that she could talk to. The receptionist searched our names on her database (right) and told the judge that there were too many people with the same names and she could not find an attorney.
By this time, the judge was a little irritated, asked one more time to talk to a lawyer... any lawyer.....And the receptionist did not answer. Now she is more irritated, and the judge asked her for her FULL NAME, because she wanted to put it in the file as she was dismissing the lawsuit. The receptionist, with an attitude, spelled her name and hung up.
That was it!!!!
All of this is in her courtroom with people listening to the conversation.
The judge told us that even though the case was going to be dismissed, for us not to be surprised if they re-sue us again in a couple of weeks.
We will do the same things, answer to their motion requesting validation and go from there.
This company is a total joke and they do not even have attorneys or paralegals to handle situations like this.
Thanks to all of you for your comments and suggestions and I will keep everybody updated if anything else comes up.
Lourdes
Valrico,Florida,
U.S.A.
Update on Borack & Associates!!!!
#8Author of original report
Fri, June 20, 2008
We went to court this week, and Borack did not show up. The case was dismissed!!! Now let me explain how this happened.... We get called in and no one from Borack shows up, so the judge decides to make a call to Borack's offices on her speakerphone. When the judge identified herself as a judge from Tampa, and that she wanted to talk to Attorney "So and So" that had filed the motions, she was told by the "receptionist" that there was no one with that name working there. Again, the judge identified herself as a judge and asked again to talk to Attorney "So and So" and again the receptionist told her that that person did not work there.
By this time the receptionist had an attitude and kept asking the judge where was she calling from, etc. The judge explained that she was about to dismiss a lawsuit against "Mr & Mrs ****" if there was not an attorney that she could talk to. The receptionist searched our names on her database (right) and told the judge that there were too many people with the same names and she could not find an attorney.
By this time, the judge was a little irritated, asked one more time to talk to a lawyer... any lawyer.....And the receptionist did not answer. Now she is more irritated, and the judge asked her for her FULL NAME, because she wanted to put it in the file as she was dismissing the lawsuit. The receptionist, with an attitude, spelled her name and hung up.
That was it!!!!
All of this is in her courtroom with people listening to the conversation.
The judge told us that even though the case was going to be dismissed, for us not to be surprised if they re-sue us again in a couple of weeks.
We will do the same things, answer to their motion requesting validation and go from there.
This company is a total joke and they do not even have attorneys or paralegals to handle situations like this.
Thanks to all of you for your comments and suggestions and I will keep everybody updated if anything else comes up.
Lourdes
Valrico,Florida,
U.S.A.
Update on Borack & Associates!!!!
#8Author of original report
Fri, June 20, 2008
We went to court this week, and Borack did not show up. The case was dismissed!!! Now let me explain how this happened.... We get called in and no one from Borack shows up, so the judge decides to make a call to Borack's offices on her speakerphone. When the judge identified herself as a judge from Tampa, and that she wanted to talk to Attorney "So and So" that had filed the motions, she was told by the "receptionist" that there was no one with that name working there. Again, the judge identified herself as a judge and asked again to talk to Attorney "So and So" and again the receptionist told her that that person did not work there.
By this time the receptionist had an attitude and kept asking the judge where was she calling from, etc. The judge explained that she was about to dismiss a lawsuit against "Mr & Mrs ****" if there was not an attorney that she could talk to. The receptionist searched our names on her database (right) and told the judge that there were too many people with the same names and she could not find an attorney.
By this time, the judge was a little irritated, asked one more time to talk to a lawyer... any lawyer.....And the receptionist did not answer. Now she is more irritated, and the judge asked her for her FULL NAME, because she wanted to put it in the file as she was dismissing the lawsuit. The receptionist, with an attitude, spelled her name and hung up.
That was it!!!!
All of this is in her courtroom with people listening to the conversation.
The judge told us that even though the case was going to be dismissed, for us not to be surprised if they re-sue us again in a couple of weeks.
We will do the same things, answer to their motion requesting validation and go from there.
This company is a total joke and they do not even have attorneys or paralegals to handle situations like this.
Thanks to all of you for your comments and suggestions and I will keep everybody updated if anything else comes up.
Robert
Buffalo,New York,
U.S.A.
Get a lawyer to represent you.
#8Consumer Suggestion
Sun, May 11, 2008
IMO you need a good lawyer to represent you in this matter. Here's why:
You filed for bankruptcy protection, listed these debt on your petition for bankruptcy protection and the court DENIED you.
It's gonna be hard, if not impossible, for you to deny these debts are yours because you attempted to include them in your bankruptcy petition.
I strongly urge you to retain a competent attorney to represent you in this matter.
Good luck.
John
Califon,New Jersey,
U.S.A.
'I am still waiting to hear from somebody out there!!!!'
#8Consumer Comment
Sun, May 11, 2008
So go talk to an attorney as you should. No one is stopping you from taking your best course of action. It's not anyone else's obligation to tell you what to do.
Lourdes
Valrico,Florida,
U.S.A.
I am still waiting to hear from somebody out there!!!!
#8Author of original report
Sun, May 11, 2008
Can anyone give me suggestions as to how to deal with this issue???? I do not want to run out of time with this situation.
I am concerned that this "attorney" is going to get a judgement or put a lien on our property after failing to respond for 10 months.
Help please!!!!