Re: Collection Agency is suing my mother...please read

Posted by Taziblue (68.130.210.171) on June 12, 2003 at 11:56:47:

In Reply to: Re: Collection Agency is suing my mother...please read posted by Keyser Soze on June 11, 2003 at 19:31:33:

Pay close attention to Keyser's advice. He is absolutely correct.

If you will allow a digression from the topic at hand, I will share an experience from Fl small claims court. This particular event involved suing a landlord for a security deposit. This case was a slam dunk because the landlord had not followed the law and had failed to send a certified letter within the time frame.

The landlord thought he would win because my friend isn't very good at keeping records. He sent a letter saying he sent it certified but then he lost the receipt.

Anyway, we go to court and are sent to mediation - which was a sham. The mediator and the landlord greeted each like long lost friends. They whispered together and looked at my friend, then disappeared into a room. Finally, they came out and got her into the room.

The mediator kept telling her to drop the case because she would lose, and so on. She didn't say anything. They kept talking. Finally, they bought me into the room to "talk sense into her". Which I did. I told her to get up and leave because the whole thing was a farce.

A few weeks later both parties appeared in front of the judge who awarded my friend her money and court costs. The landlord only gave her part of the money back, so we put a judgement lien on his propery. He paid the lien with 24 hours of receiving the notice.

The mediator is supposed to be impartial. In reality, he (they always seem to be a he) are not. So, pay attention to Keyser and say nothing.

For the record, any offers or negotiations that are made during the mediation can not be brought into open court.

In Florida, small claims court rules are somewhat different than county or circuit court. So, if you are representing yourself, get a self help book and start reading. It will empower you.

BTW, the next time we were asked to go to mediation (different case) we refused - told the judge it was basically a joke and a waste of time as the mediators were not impartial.

Good luck to you.

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