Emra
Orlando,#2Author of original report
Wed, January 02, 2008
Well, thank you guys, Steve and Bart, for your advice, Before the holidays, Asset filed a "statement" with the courts, Mind you....its "A" statement, with the wrong address, only fees assesed was from late and over draft fees. I'm not sure if they have any more, but that is all they filed with the courts, along with an affidavit, (which was also attached to the complaint). I'm not sure what is to happen from here. The Judge did mention that all documents supporting the claims should be filed PRIOR to trial and that it should not take no more than 15 minutes. No extension of time will be granted after this trial. So that is where I am now.
Steven
Jacksonville,#3Consumer Suggestion
Fri, December 28, 2007
You should probably consult a lawyer but if this is small claims normally lawyers cannot argue the case just stand by you and offer advice. The worst thing is not to show up. If they haven't provided info then go to court and say you have yet to see the info the judge asked them to provide you.
Bart
Springfield,#4Consumer Comment
Fri, December 28, 2007
on the phoner court appearance ploy. I would think the court would be pissed that an entity filed a suit and then requested the phoner, knowing full well that they filed a suit "out of town" so to speak.
Steve
Bradenton,#5Consumer Suggestion
Fri, December 28, 2007
Emra, You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file. It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show! The Florida courts are in bed with big business. Beware. If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,#6Consumer Suggestion
Fri, December 28, 2007
Emra, You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file. It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show! The Florida courts are in bed with big business. Beware. If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,#7Consumer Suggestion
Fri, December 28, 2007
Emra, You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file. It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show! The Florida courts are in bed with big business. Beware. If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,#8Consumer Suggestion
Fri, December 28, 2007
Emra, You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file. It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show! The Florida courts are in bed with big business. Beware. If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Bart
Springfield,#9Consumer Comment
Thu, December 27, 2007
"Both the attorney and their witness have filed to get permission to appear telephonically since they believe that it will be cost-prohibited for them to travel. " I don't know if you can do it but you may want to find out if there is a way to make them appear in person. The "cost prohibitve" excuse should have been a consideration when they bought the debt. They can't reasonably say that they thought no one would contest any of their assertions. But no one has actually accused them of being business savvy. It is my belief that they are asking for this because they can not produce actual evidence or lack thereof. Seems more of a strategy approach to me but I could be wrong. Then again, no physical evidence being submitted "live" may in fact help you. I definitely would consult an attorney if I were you.
Emra
Orlando,#10Author of original report
Thu, December 27, 2007
Well I was trying to update my other post with the same title but was unable to. I wanted to inform everyone that I am very grateful for their post and their insight. TO update on what is going on right now, The trial date is still set for next year, the judge has requested them to provide itemized billing statements atleast one year PRIOR to charge off. We are now in december and they sent me ONE bill from what they claim was the original creditor. THe bill only included late fees and overdraft fee. Thats it. The address is wrong, they posted a PO BOX that I never had. So I guess I am still waiting for trial. Both the attorney and their witness have filed to get permission to appear telephonically since they believe that it will be cost-prohibited for them to travel. I have not filed anything else since the judge has been the one requesting documents, but if anyone else has insights, please let me know. Thank you.