Re: Can they do that in Florida

Posted by Keyser Soze (152.163.253.37) on September 16, 2003 at 19:55:29:

In Reply to: Can they do that in Florida posted by Myk on September 16, 2003 at 10:10:59:

Our fine sunshine state is proud to be the killing fields for the credit & collection thugs suing you. The debt is SOL as FL is 4 years, be advised the collection lawyer criminal and his dog track companion Judge Cracker will assert it's a five year statute. They'll claim your signed application is a written contract which it clearly is not. The Federal TILA statutes clearly spell this out - available from this site - you still might be beyond five anyhow if this is 1998 debt.
File complaints against the scum lawyer with the FTC and the FL Div. Banking for SOL violations among others. You can countersue as well but be sure to file answers on time with the court, get your copies time stamped.

Is this Small Claims Court or Civil? If Small Claims watch out for the mutated third leg of the collection assault team. One is their perp lawyer, two is Judge "ahh don' cayah what de law sez, you owes da money" Cracker, three is the "Mediator" provided as a 'free service' by the county courts. How nice. Mediators are equivalent to the Doctors in Argentinian torture chambers.
They pretend to be your savior while finessing you into sigining your death warrant. They are even lower than collectors in that they pretend they want to 'help' you.
Small Claims first court appearance will consist of Judge Cracker telling debtors all hope is lost, do as the creditor wishes and your life might be spared. You next are sent down to a sweat room with the collection lawyer and his secret shower pal, the 'free' Mediator or Mediatrix. The latter distinguished by her large physique and manly beard.
This is actually the easy part. This pair will try to threaten, trick, and otherwise coerce you into signing an Admission of Indebtedness. Don't. The point of the Pre-Trial Sweat Session is to get you to incriminate yourself so these bums can avoid work for another day.
Simple rules for the Pre-Trial 'work-out':

1. Say Little.
2. Observe much.
3. Sign nothing.

Expect to be scolded by these bullies for observing the above rules. After all, you didn't roll over and take the cheese like a good victim.
This is good, a sign you are winning. They will take you before the judge who will schedule a trial.
Next, expect the enemy to file a Motion for Summary Judgement, his declaration to the court that there are no triable issues of fact, case proven, I want my judgement and my money.
What this really means is that the corkscrew-tailed collection lawyer knows jolly well his case is SOL illegal. He hopes to short circuit judicial process and avoid revelation of this inconvenient fact for which he can be punished.
Motion for Summary is an effort to frighten you away from a court appearance. Make sure you file an Objection to the Motion for Summary and show up on the hearing date. This will cost this bum time and money. Good.
Collection lawyers are empty-suited vicious half-wits who graduated from Idi Amin School of Advanced Cannibalism and Legal Munchery and whose post-grad training consists of stuffing their faces while watching reruns of L.A. Law.
They present false worthless cases in such manner as to fool the defendant into believing he's guilty, with payment to the lawyer as the only way to survive. Aren't they clever?
Many postings on this board are from fellow Floridians. Stay in touch. You are well on your way to smashing these predatory insects with your strength of will and mental acuity bolstered by the resources of this board.
May it go well with you.

Strength and Honor,

Keyser Soze

"Oderint Dum Metuant."
- 'Let them hate us so long as they fear us.'
(Latin maxim)

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