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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Received a notice of confidential information within court

Resolved Question:

Received a notice of confidential information within court ruling Fla R.Jud.Admin.2.420(d)(2) this is a filing from a deb collector. I have asked for copies of credit card receipts and a breakdown of amount they allegedly say I owe. This was a cc from a company I closed in 2009. I received this notice, how do I answer. They are the 3rd or 4th debt collector and I think they are trying to get out of producing the evidence because they don't have any.
Submitted: 11 months ago.
Category: Legal
Expert:  Zachary replied 11 months ago.
Hi,

Thank you for your question.


This is a notice to you that there has been information filed with the court that is confidential under the law. This kind of information is generally going to be your social security number and perhaps your bank account or credit card numbers when you are involved in a debt collection case.

Thus, this notice is not an attempt to keep information which you have requested away from you.

However, you need to contact the opposing counsel and ask for a copy of what was filed with the court which triggered the notice (you are entitled to a copy).

IN regard to your requests for credit card slips and a break down of the amount owed, how did you request this (in a written request for production?)?

Are you in small claims court or regular court?
Customer: replied 11 months ago.

I answered your questions and am awaiting your reply.

Expert:  Zachary replied 11 months ago.
I'm sorry. For some reason your answer did not show up on the reply.

Can you please resend or retype?

I'll let the website know there is something going wrong which erased your response.
Customer: replied 11 months ago.

I am not in sm claims court I am in County Court of Hillsborough County.


I did ask for production of of documents. Then they filed a an Objection to Production of Documents stating:1)too broad in scope and lacks specificity, also unwarranted intrusion of the Plaintiff's (Capital One) business creating burdensome environment for Plaintiff to decide which items are relevant, cited: Caribbean Security v Security Control Fla.3rd DCA 1986;2) a reasonable calculated causal connection must exist bet. the info sought and possible evidence relevant to issue, cited: Calderbank v. Cazares, Fla. 5tnd DCA 1983; also, that this is an attempt to conjure up a defense, a if Defendant wishes to review files in has to be in Plaintiff's office that will cause burdensome and is solely for harassment and an attempt to invade the privacy of Plaintiff and therefore Defendant should be required to place a cost bond to protect Plaintiff and asked Court to Sustain objection. They then filed a Notice of Filing and Affidavit of Debt, that incl. Exhibit 1 from a Diane Trittipoe stating that whe was an authorized agent of Capital One, having personal knowledge, etc., I filed a Motion to Strike the Affidavit of Debt asking evidence that she was authorized agent, asked for a letter or copy of this authorization, and under Federal Rule of Evidence 803(6), when was she custodian of records, and I asked that Exhibit 1 be stricken from evidence. I also filed Sworn Denial, once again asking for proof and breakdown of alleged debt.


That is when I received the Notice of Confidential Information, etc.


 


I hope you get this because I will not write it again.

Expert:  Zachary replied 11 months ago.
Got it. Thanks for writing again.

First of all, you need to only cite the Florida Rules of Evidence and Florida Rules of Civil Procedure. The Federal Rules are not applicable in this court.

Second, you will need to file a Motion to Compel against the Plaintiff and ask the court to overrule the objections made on your discovery requests, explaining to the court why each request is relevant and narrowly tailored, and why the Defendant's specific objections are incorrect.

The notice was sent to you because the Affidavit of Debt contained confidential information.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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