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A summary judgement has been filed for against my wife due

to an unsecured credit card...
A summary judgement has been filed for against my wife due to an unsecured credit card balance. She was served on the 7Nov12, and on 9Nov12 we requested a validation of debt (in accordance with the Federal Debt Collection Law, and filed such with the 6th judicial circuit in Pinellas Fl.), and have had no response other than the a bullying call from the Attorney's office collector. We would like to be heard by the judge (as this resulted from a temporary suspension of my long term disability due to an auto accident I was in which has left me unable to work, the collector has not been even remotely reasonable and we would like to set up a payment plan but if we pay without a resonable agreement then the interest keeps on compounding). Our service indicated we have 20 days to respond in writing. According to my counting of court days (no weekends nor holidays) day 16 was on the 30Nov12. We're wondering if we should request a hearing before the court on Monday 3Dec12 so that we may negotiate a payment plan that will freeze the interest and allow us to reasonably settle the debt.
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Answered in 1 hour by:
12/1/2012
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,513
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

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.


Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Hi Suzanne. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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Customer reply replied 5 years ago

Did you recieve my next memo with questions?

I am sorry but I did not or else I would have responded immediately. If you could please resend it, I would be happy to answer it. Thanks!
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Customer reply replied 5 years ago

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?

The time would start to run, the day after you were served and a response would need to be filed on the 20th day, unless it falls on a weekend or holiday, as you stated above, when the court would be closed. If you disputed the validity of the debt under the FDCPA, the proceedings should have been stayed, until they can provide you with the necessary documentation. If they do not and proceed, a party will want to file a motion with the court, asking that the proceedings be stayed, until they do. They should provide you with a breakdown of the debt and the interest and any other fees/costs incurred, to date, which they claim you owe. You can file a motion for both and request a hearing on both, if you wanted to and the Judge could hear all matters at the same time.
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Customer reply replied 5 years ago

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?

You count those but if the 20th day lands on a day when the court is closed, the response is due the following day. For example, if the 20th day was the Friday after Thanksgiving and your courthouse was closed, the response would be due that Monday. The documentation which they need to produce is evidence of the debt. It should show when the last payment was due, any since, what payments were missed, how much is owed and anything else to show that the debt is owed. Of course, you have ever legal right to dispute the amount and contest it, if you think their numbers are wrong and you can evidence payment.
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Customer reply replied 5 years ago

Hi, So weekends are counted, or only days the court is open for business?

Yes, weekends are counted and every other day. If the court is closed, it is impossible for you to be able to file an answer/response, so if the 20th day falls on the weekend or a holiday where the court is closed, it would be the next day in which the court is open.
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Customer reply replied 5 years ago

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?

The plaintiff should have stayed the proceedings, once they received notice that you were disputing the validity of the debt. If the action is going to be stayed by the court, it would have to be ordered by the Judge. Your response would have been due on the 27th but if the plaintiff has done nothing since, you can file it on Monday. The passing of the 20 days would not prevent you from filing it. As far as the court issuing a judgment, they are not likely going to if they see there was a request under the FDCPA and the party failed to respond. It could prevent the issuance of the summary judgment, since there could be a genuine issue of material fact.
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Customer reply replied 5 years ago

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?

Customer reply replied 5 years ago

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?

Customer reply replied 5 years ago

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?

You can go to the clerk of courts website now and search the case and see the docket and what is posted. If nothing is revealed or you have questions about it, you can call the clerk Monday morning. Any motion or notice of hearing, needs to be mailed to all parties. The sheriff would only serve the initial summons and complaint. After that, mail could be used. Anything which you file would need to be sent to all parties as well.
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Customer reply replied 5 years ago

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?

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Customer reply replied 5 years ago

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



Suzy xxxx


Address


City state zip


Phone #


 


Melissa A. Ferris – Roberts, Esquire


Melissa A. Ferris, P.A.


P.O. Box 547816


Orlando, Florida 32854


XXX-XXX-XXXX


XXX-XXX-XXXX


[email protected]

 


Melissa A Ferris, P.A.


XXXXX/p>

Suite 101


Orlando, Florida 32804


XXX-XXX-XXXX


XXX-XXX-XXXX


[email protected]

 


 


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 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.


 


 


Regards,

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.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer reply replied 5 years ago

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!!

You are welcome. Good Luck!
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,513
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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