Complaint Review: Daniel C. Cadle - Dan Joint Venture IIl LP - Newton Falls Ohio

Update: July 28th, 2008. Pinellas County, Clearwater, Florida, Case # 06-6160CI. Recently I opened a motion to the court/Judge to cancel/reverse this case and it's judgement because it was indeed out of statute of limitations. Dan Joint Venture's Attorney, Jay S. Grife, agreed a simple math error occurred, a miscount of the months passed since the start of the loan payments had occurred in the lawsuit he bought against me in 2006. This lawsuit was requested by Britt Fox, per the pages in lawsuit. She was the account officer with Dan Joint Venture III,LP. The statute of limitations had indeed run out of statute of limitations based on the maturity date. It had ran out on Aug 5th, 2001 and not Sept 5th, 2001. Britt Fox, account officer of Dan Joint Venture III,LP of Newton Falls, Ohio, had hired Jay S. Grife, a Florida attorney, to sue me on a supposedly within Statute of limitations auto loan that had the first payment of 54 months that started on March 5th,1997. A count shows the maturity date was Aug 5th, 2001 and NOT Sept 5th, 2001. About five years after Sept 5th 2001 the lawsuit was filed on Sept 1st, 2006. It was thought to be within the statute of limitations by 4 days when indeed it was out by almost a month. When Mr. Grife got his copy of the motion he recounted and agreed there was a miscount of the months and that it was indeed out of statute of limitations. He sent a letter to Judge Schaeffer asking to withdraw the suit and reverse the judgement. We are presently awaiting the answer from the judge. As for this miscount remember it was Britt Fox of Dan Joint Venture III,LP that asked Attorney Jay S. Grife to open the case against me. I hold Jay S. Grife harmless in this case. Also let it be known that Mr. Daniel C. Cadle was not involved in any way in the lawsuit. The Cadle Company was only mentioned as that is the company that sold the rights to my 9 year old auto loan from 1997 to Dan Joint Venture III,LP. As for the initiator of this lawsuit, Britt Fox, well you know, apparently she miscounted. That is precisely why I asked if Dan Joint Venture III,LP had commited fraud and extortion. After all lets ask is this a fraudlent lawsuit? Well lets see. Filing a lawsuit to sue someone resulting in a total amount of around $15,000 on an account that is time barred. Well isn't that illegal? It somehow passed through the courts and a judgement was put on me based on the fact that is was within statute of limitations. It was not within statute of limitations... it was time barred... wouldn't that make it fraud? And that makes the judgement illegal also. Wouldn't that be extortion. Let's review the definition of extortion. Definition: extortion n. The act or an instance of extorting. Illegal use of one's official position or powers to obtain property, funds, or patronage. This lawsuit put terrible pain on me, my wife and my 6 and 11 year old daughters. We tried to hide the anguish from our children but they could hear us hollering at each other about how we could lose everything we own... our jobs, our cars, garnished pay check and lose my tax return. How we could lose our $30,000 mobile home because we wouldn't be able to pay the lot rent and be evicted and lose our mobile home and our lives (In florida you can't move a mobile home over a certain age which I believe is over 8 years old). My wife waking up in the middle of the night screaming at me and hollering who is this Dan Joint Venture III,LP. Well when I paid for around 60 pages of the entire lawsuit we found out what this lawsuit was about. As I told Dan Joint Venture III,LP's attorney in 2006 it was out of Statute of limitations. It was not stopped but continued on unbeknowst to me until I recently got this bomb dropped on me. I had to go to court and was ordered to fill out a form to give Dan Joint Venture III,LP all our personal information so the illegal collections of our belongings and money could begin. When I got the pages from the case I found out who the person was behind this lawsuit. I called her to and told her this was out of statute of limitations and she ignored me again. She is the account officer Britt Fox, of Dan Joint Venture III,LP and didn't stop the lawsuit but let it continue and I had to fill out the form to recover money from a timed barred contract. Britt Fox, twice I told you it was out of statue of limitations and twice you icnored me. So I was told to hire a lawyer and pay a $2000.00 retention fee. Well I don't know to many people who can do that especially when they are raising 2 babies. Well I studied my butt off and found the state laws and filed the motion form to the clerk of the circuit court of Pinellas County. Well what do you people reading this think? Well maybe is was indeed a simple math error. A simple miscounting of the number of months left on my loan setting the maturity date. Well a simple math error has made our life one of horror. One of nightmares of my wife, me and our 2 little children living in cardboard boxes and eating out of dumpsters! I believe things of these extreme consequences should be accurate and perhaps double and triple checked for accuracy. Don't you?

HELP!!! I feel I have been fraudulantly sued and extored of $14,523.57+. Here's the details. Tell me if you agree if this is fraud and extortion. Definition: extortion n. The act or an instance of extorting. Illegal use of one's official position or powers to obtain property, funds, or patronage. Pinellas County case number 06-6160CI. Dan Joint Venture asked for $17,658.14 but somehow that was lowered. They claim $9321.01 past due principal and interest in arrears of $8337.13 that is due for a total sum of $17,658.14 that is due with interest as of 28 August 2006. They entered on the lawsuit a statute of limitations of 09/05/2006 an entered that the last payment was was made on 09/18/1997 with maturity date of 09/05/2006. Then point of fact, this case was filed 09/01/2006. The first payment date due to the last payment due. They entered the wrong date of the statute of limitations to the courts/Judge to get approval to sue when in fact the REAL statute of limitations started on 09/18/1997 thusly the REAL statute of limitations is 5 years and ended on 09/18/2002. See Limitation of actions F.S. 95.11, F.S. 95.031 and F.S. 95.051. The Florida statute of limitations is five years from the date of the last payment made. Thusly fraudulantly extorting a huge amount of money from my family by entering the wrong Statute of limitations. After 09/18/2002 no one can sue for my contract. They got a judgement on me of $14,523.57. Now I have until July 18th 2008 to fill out a form 1.977 fact (assets) information sheet so the actual stealing (extortion) of our possessions and paycheck garnishment can begin. If I fail to fill out the fact sheet on time I will be in contempt of court and will be put in JAIL! When in fact they belong in JAIL!!! I did file a complaint today with the Federal Trade Commision (FTC). Reference number 19398765. I am thinking I need to call the Florida Department of Law Enforcement (FDLE) next. Perhaps they'll contact the Ohio Department of Law Enforcement. So here's the short of it. Daniel C. Cadle buys the contracts. He then assigns them to his "joint venture" being Dan Joint Venture III,LP which is in the same building as Cadle is. The Account officer of Dan Joint Venture III,LP initiates the lawsuit who was Britt Fox. She contacted the attorney, Jay S. Grife in Jacksonville, Florida who filed the lawsuit in Pinellas county with plaintif being Dan Joint Venture II,LP against me. The wrong statute of limitations was entered and the judge John A. Schaeffer bought it. It's all in the 60 or so pages of the Pinellas County case number 06-6160CI court papers I paid $1.00 each page for. I verbally told the Judge, the attorney, and the account officer Britt Fox of Dan Joint Venture the statute of limitations was wrong and they did nothing to stop it! By the way... who's next? Cadle paid Beal Bank SSB in Texas $514,210.00 for a group of contracts that originated from Keller Financial. Beal Bank SSB bought the contracts at a federal bankrupt auction from Keller Financial. I believe I read somewhere they are worth around $73,276,000.00 if all collected. If you get any legal papers with Dan Joint Venture III,LP on it be sure to get your butt down to the court room and check out the statute of limitations because Dan and his people create their own statute of limitations and the judges just let it slide by! Check out these links to support my claim of Statute of Limitations of 5 years from the loan default which should override the maturity date suit. You'll have to decipher the legal-ese though. Limitations: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC 11.HTM&Title=->2007->Ch0095->Section%2011#0095.11 Computation of time: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC 031.HTM&Title=->2007->Ch0095->Section%20031#0095.031 Limitations tolled (restarted) section 1-subsection f: This is what resets the SOL if you make a payment. http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/SEC 051.HTM&Title=->2007->Ch0095->Section%20051#0095.051 Wes Largo, Florida

How to win or reverse a fraudulent judgment if someone enters the wrong Statute of Limitations (SOL) in a lawsuit? In my case Dan Joint Venture III,LP did just that on my car loan contract. Heres what happened. I have been fraudulently sued by Daniel C. Cadle using his joint venture Dan Joint Venture III,LP. and a lawyer in Jacksonville, Florida. You guessed it. Dan means just that Dan as in Daniel C. Cadle. I got that right out of the Plaintiffs mouth. Also I have seen D.A.N. on the internet and thats not correct. The Pinellas County case number is 06-6160CI. Anyone can buy a copy of any lawsuit so I bought a copy of it. What an eye opener! All lawsuits are public information. It costs $1.00 per page in Clearwater, Florida. The reason I say fraudulent? Simple. They won because they lied in the lawsuit and the Judge bought it. Now I have a $14,523.57 judgment. Heres how they won. They said the statute of limitations was the last day of my contract which is correct IF I kept the car. They claim the SOL date is 9/5/2006. Well guess what? My car was repossessed after I stopped paying on 9/18/1997. When our first baby was born there was to much month at the end of the money. Then we got behind on the payments. So what do you do? Get rid of the car or the baby? Bye Bye beautiful red Mustang! So then 5 years later the statute of limitations, which is also called time barred, ended on 9/18/2002. Florida statue 559.9241. The statue reads exactly as follows: Statute of limitations,-- An action may not be brought under this act more than 5 years after the occurrence of the alleged violation. Well the alleged violation is: Defendant failed to make the required payments and defaulted. Like duh! They themselves put this statement in the lawsuit and said my payments stopped. Therefore the SOL started on that very day and ended on the time limit of 5 years. This appears to be Daniel C. Cadles means of operation. Enter the wrong SOL on an expired contract to slip it through the courts. A sharp Judge might catch it but it easily slipped this judge in Clearwater, Florida. It appears Daniel C. Cadles means of operation is probably just that. Slip it past the judge. Get a judgment and ruin your life! No wonder people snap and get the guns out! Bye the way. After the SOL runs out. Do Not Make A Payment that they ask for! Not one red cent! That will reset the clock to day one of the 5 years on the SOL to the date of that payment. This is also in the state laws on statute of limitations. This is what the collectors and their lawyers dont want you to know. Thats why they try very very hard to get you to make a payment after the SOL runs out! Luckily I didnt fall for that one. I knew the SOL had run out and I told them that back in 1996 when they started the lawsuit. I figured they would drop the case when I told them I stopped paying and the car was repossessed in 1997 and the SOL has expired. But Nooooo! They pulled a fast one and silently pushed the lawsuit through and now 1 years later they drop this bombshell on me! This is a really good example that ignorance is Not bliss! Ignorance is hell! That is one way the blood sucking hired lawyers can steal your money legally and they use the courts as puppets to do it. Heres how to fight it. The lawyers dont want you to know this because they want to charge you thousands of dollars for a few simple forms that even a caveman could fill out. Now all you people that was sued or in the process of being sued check your Real statute of limitations (SOL). If they claimed the wrong SOL you can stop this or reverse the judgment on you. You can file a "motion to contest" form. I downloaded the forms from our clerk of the Circuit courts website. You can also physically go there and ask for the forms. Our Clerk charges 15 cents a page. Simply follow the instructions and fill it out and personally take it plus the required pages from the lawsuit to the Clerk of the Circuit court. Hand it to one of the clerks and the ball will start rolling. Guess what? You don't need a $2000.00 retention fee for a lawyer. You can file this on your own. The lawyers will hate that I gave you this info. They want to bleed you of thousands of dollars for these simple forms. To find the form search something like: "clerk of the circuit court Pinellas county Florida". Don't be afraid. The clerks are your public servants and will be glad to help. Also anybody can easily find the statute of limitations for their state. A simple internet search shows all states. The biggest problem I found is all the SOL's mentioned was the number of years and that it starts on the day you missed your payment. They did not give the state statute number. Without that the courts might say it's just hearsay. I searched and found the site for state laws of Florida. Searched for statute of limitations then scanned through them until I hit pay dirt! Heres how Daniel C. Cadle, whos business is in Newton Falls, Ohio, bought my 9 year old time expired (SOL) car contract along with an unknown number of other contracts from Keller Financial in Clearwater, Florida. It shows in the lawsuit papers that Cadles Dan Joint Venture III,LP laid on me through their attorney Jay S. Grife in Jacksonville Florida. He paid Beal Bank SSB in Texas $512,210.00 for a group of contracts that originated from Keller Financial. Beal Bank SSB bought the contracts at a federal bankrupt auction from Keller Financial. In my lawsuit papers it states they are worth $73,276,000.00 if all collected. If you get any legal papers with Dan Joint Venture III,LP on it be sure to get your butt down to the clerk of the circuit court and buy a copy of all the pages of the lawsuit number. Check out the statute of limitations because Dan and his people create their own statute of limitations and the judges just let it slide by! All their names, addresses and phone numbers are also in the lawsuit papers. Now with my new found info I'm fighting back! I expect to have this case reversed. Signed, Sued in Largo, Florida. But now I have the power to fight back. Wish me luck. I am filing the motion to contest as soon as I can drive down to the courthouse! The hard part getting there is its to far to drive on my lunch hour. Ill be taking a day off work. See now Im losing even more money! P.S. Are there any lawyers out there that would represent me after this lawsuit is found fraudulent? I would like to counter sue them. I cant afford to pay you but you could get paid from the money they would have to pay me for filing a false and fraudulent lawsuit. Believe me we have suffered! My wife is a basket case! She even wakes up in the middle of the night screaming at me and at them. If I cant reverse this lawsuit the extortion of our money and belongings begins very soon. I am now much less ignorant about how to find info on the laws. Its all available to the public. Search like your life depends on it because it does. They will steal everything they can get. Even if it means you wont be able to able to pay the rent or mortgage and get evicted. They dont care if me, my wife and 2 little daughters (ages 6 and 11) end up on the street living in a cardboard box and eating out of dumpsters. According to the law they cannot steal my mobile home since Im head of household. Ill see soon enough if the judge doest over turn this lawsuit and remove the judgment. Im really worried about my paycheck. Lose a large chunk of your bring home pay and you will have another car repossessed then evicted out of the your house. Fraud and extortion is a horrific crime because they will kill you and your family. First they take your money, then you lose your car, then your house then your wife and babies then your life! Now there is a clear view why some people snap. They become a living dead person. No life, no belongings, no wife and no kids. Nothing! Dead people have no laws! Huh. Sounds like the title to a movie.

On an installment contract, the statute of limitations begins to run on the date when the last payment was scheduled to be paid, not on the date when you last made a payment. I found myself in a similar situation many years ago and made the exact same arguments you made and lost just like you did. Running around filing criminal complaints against a judge who ruled in accordance with the law will result only in you being labeled as a nut case. You had your day in court and lost. Live with it.