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Good morning. I certainly understand your situation and concern. You can, if the court has not already, file a motion, requesting that the Judge send the matter to mediation and allow the parties to try and work the issue out. The plaintiff should be acting in good faith and speak with you, outside of court, if you are trying to set up a payment plan, to resolve this. Since they are not, you want to mention their actions in the motion, advising the Judge that you have made attempts to contact them for a resolution but they are unresponsive and acting in bad faith. At the same time, you do want to file you response to the summary judgment. In doing so, you want to make sure you read and follow rule 1.510, of the Florida Rules of Civil Procedure, to make sure you respond and submit any necessary summary judgment evidence. http://floridacivpro.com/rules/1-510-summary-judgment/ They should be willing to settle. However, the interest may continue to run until paid off but that is at their discretion, she they do have a legal right to the full amount, plus they are certainly going to add in any other fees and costs.
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Did you recieve my next memo with questions?
Hi, Is the Date window that we've defined accurate (Served on 7Nov12, so it is 20 days from 8Nov12 [as the clerk indicated that the 'clock or calender' starts the day after service]) and does that put 'the ball in their court' as mentioned by the Clerk at the time of filing the Request for Validation of Debt? Using the 20days remaining issue we calculate that the 16th day was on 30Nov12 which gives us 4 more days, unless the plantiff is required to respond to our motion, filed with the 6th circuit, sent registered mail to the Atty, and presented to her by Court Service (deputy sheriff)?
Also, we don't know what the actual amount is or should be and does the Request for Validation of Debt require the plantiff to define the debt from the time of $0.00 balance to what they currently have or how does that work?
Can we go ahead and ask the court for mediation or should we ask the court for a hearing. We are in the process of trying to clean several of these up after the MVA my husband was involved in and then the subsequent termination of LTD payments which were later reinstated by action on behalf of us, as we've already settled a couple of these and are interested in reasonable resolution?
Furthermore, or records are just not great due to the MVA, the several Surgeries, as well as the fact the he is and continues to be under Dr.'s care?
Hi, OK, so the 20 days include ONLY days the court is in session (i.e. not Sat, Sun, and Thanksgiving)?
Is necessary documentation defined as all activity that took place from the time the account had a $0.00 balance to the time they arrived at the number they've presented?
Hi, So weekends are counted, or only days the court is open for business?
Hi, We were served on the 7th, which started the clock on the 8th which means I'm past 20 days unless the stay was issued for my action on the 9Nov12 which was the day I filed the motion for validation of the debt. The plaintiff didn't receive the motion until service on 13Nov12 which means (theoretically) that the clock should have stopped there; correct? and if not is there any other recourse if the court has already issued a judgement?
Will the court issue a judgement with the request for validation of dept filed with the 6th Circuit?
If so, then counting weekends AND thanksgiving I'm already past the 20 days. Service on the 7th, calender starts on the 8th, that would have made day 20 on the 27th or 28th. Is this correct?
Is there any obligation to contact me if my motion is not accepted or is invalid or there is some other problem with it?
Hi,So I’ll just have to contact the court on Monday and find out the current disposition, or can I simply file the stay motion at that time. It’s my understanding that should plaintiff file any motions, we would be served by process server (deputy sheriff) with the motion document; is this correct?
So I’ll just have to contact the court on Monday and find out the current disposition, or can I simply file the stay motion at that time. It’s my understanding that should plaintiff file any motions, we would be served by process server (deputy sheriff) with the motion document; is this correct?
Hi, OK, Our initial Request for Validation (under the Federal Debt Collection Law) was sent to the plaintiff by us via Registered Mail and we have the Registered Receipt. Could a nomenclature error invalidate our motion?
Even if it did, wouldn't we be notified by mail just as we would if the plaintiff filed anything?
Can you please clarify the type of error you are talking about?
Here is a sterilized version of the document filed, ALL copy's were notarized for signature purposes, I have a copy stamped by the clerk of the court and registered mail were also stamped by the clerk of the court;
November 9, 2xxx
City state zip
Melissa A. Ferris – Roberts, Esquire
Melissa A. Ferris, P.A.
P.O. Box 547816
Orlando, Florida 32854
Melissa A Ferris, P.A.
Orlando, Florida 32804
Re: Case Number XXXXX 1xxxxxxx,
In the County of the Sixth
Judicial Circuit in and for Pinellas County Florida
Also identified as Account Number 4800xxxxxxxxxxxx
Also identified as CACH Account Number 1xxxxxxxxxxx
Sir or Madam;
This letter is a formal request (in accordance to the federal debt collection law) for validation of debt, for Case Number XXXXX 1xxxxxxx. This account is also identified by account number 4800xxxxxxxxxxxx, 4800xxxxxxxxxxxx, and CACH account number 1xxxxxxxxxxx, that it is said I (Suzy xxxx) owe. I (Suzy xxxx) am requesting a validation of this debt in accordance to the federal debt collection law. Please provide PROOF of the original contract with MY (Suzy xxxx) signature that I (Suzy xxxx) agreed on with the actual creditor. This is NOT a refusal to pay, however I (Suzy xxxx) want validation of debt evidence that I (Suzy xxxx) am legally required to pay.
Again; I (Suzy xxxx) am requesting validation of this debt in accordance with the Federal Debt Collection Law.
The proceedings should have been stayed until they validate the debt. Based upon what you wrote, it is clear what your intent was and since you have a receipt, showing it was received, they would need to comply. If they have not, on Monday, you can file both the motion to stay the proceedings until they do and/or in the alternative, send the case to mediation, to hopefully work out a settlement.
Thanks for your assistance and if they had more than 5 stars that is what I'd have selected for you. I appreciate your methodical answers to my (what at times must have seemed like) tedious questions. I welcome the opportunity to work with you again in the future!
Best Regards XXXXX XXXXX!!
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