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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33372
Experience:  Began practicing law in 1992
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Being sued by Zakheim & Lavrar who are JDB here in Florida.

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Being sued by Zakheim & Lavrar who are JDB here in Florida. Received a summons in the mail to appear in court. Being sued for a $300 credit card in the amount of $1000+. Have appeared in court numerous times and am currently in arbitration. Have sent several letters in mail requesting break down of charges, and sent discovery request for original contract etc. They are using a local lawyer and so far he says nothing has been sent to him or court. After discovery request was sent they sent a letter to the incorrect address (they have correct one, sent me notice to appear as well as settlement offer for $400) asking for an extension to look into it. All they have provided me is a account stated and statement of debt. How can I get them to drop case or have me win?

JD 1992 :


Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.


JD 1992 :

Be very, very careful about what you read in the forums on the web. Most of the people in there don't understand much of what they are talking about.

Customer:

Ok. What should I do then?

JD 1992 :

First, consider looking into the books on 1) discovery and 2) debt collection at this website:

JD 1992 :

Also, read the posts on there.

JD 1992 :

Next, cases are rarely dismissed outright despite what you read online.

JD 1992 :

However, you can get a summary judgment if you handle it correctly.

Customer:

Do I have a chance of winning? Should I file a motion to dismiss? Do you know anything about Zakheim & Lavrar?

JD 1992 :

A summary judgment means the court rules in your favor based on the law and facts, which is different than a dismissal.

JD 1992 :

I've heard of their firm, they file a lot of collection lawsuits.

JD 1992 :

You also need the book on legal research that is at that same website.

JD 1992 :

Let me see if I can find the FL rule on summary judgments. Wait here in chat for just a sec.

Customer:

Sorry for all the questions. Are there any court rules broken by sending papers filed in court to the wrong address? I have received things at the correct address already.

JD 1992 :

It is rule 1.510 which you can see at http://phonl.com/fl_law/rules/frcp/frcp1510.htm

JD 1992 :

Nothing was really broken unless you can prove they did it on purpose which is really a lost cause. Don't waste time on it.

JD 1992 :

As that book explains, the way to win these is by showing they don't have the paperwork or the evidence to prove you actually owe the debt or that they have the right to collect it.

Customer:

Ok. I requested validation of debt about 2 months ago and have received nothing. Is that enough for summary judgement?

JD 1992 :

The internet forums make it sound like cases get dismissed all the time. They don't. A motion to dismiss is only appropriate when they don't have a case as a matter of law, which is not the situation.

JD 1992 :

No, it's not enough for a summary judgment on its own.

JD 1992 :

You have to use the discovery process, properly, to show that they don't have any evidence.

Customer:

Ok. Last question, what do you suggest I do? I am still in arbitration. Is it easier to just settle for a low amount? They offered $400.

JD 1992 :

It is definitely easier to settle, you can always go back and offer a couple of hundred and see what they say.

JD 1992 :

Defending the case takes a lot of work.

Customer:

Thanks.

JD 1992 :

You can usually win, but it takes hours and hours of work to do so.

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