Florida Kangaroo Court
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Posted by Disgusted
(68.155.86.4) on November 03, 2003 at 13:36:26:
A Maryland collection agency is Plaintiff in a small claims case against me for an alleged debt that has not been validated. They are not licensed in Maryland and they are not licensed here in Florida. (Florida Statutes do not exempt them from registration because the OC, Citibank, has a business presence here.)
They have retained a local debt collection law firm here to represent them. At my pre-trial hearing, there was no presumption of innocence. The judge simply asked me "When do you plan to pay this debt?" I told him that it was not my debt and asked for documentation. The lawyer said that it would be provided. Six months later all they sent were 3 copies of a Citibank statement with my name and an address where I never lived on it. I appeared again today for a hearing for a summary judgment. I told the judge that the Plaintiff was not licensed in either state as a collection agency and he said that was irrelevant because the lawyer is acting as the debt collector. The judge cut me off when I tried to speak and it didn't matter to him that the debt was never validated. The judge derided me for representing myself and I didn't reply to that. But the fact is that I cannot afford a lawyer. So I guess I'll lose because of that, I'm no match for a legal professional. The lawyer said the debt was on my credit report and showed it to the judge. Judge said "Lord&Taylor.. -that MUST be yours!" -I replied "Why? -Because I'm a woman?". What a sexist comment. -He never would have said that to a man. I left the court very dejected. I have no bank accounts and work only part-time. I'll have to declare bankruptcy if they get their judgment because I refuse to pay a debt that is NOT MINE and I have no money to pay it anyway. QUESTION.... Is it TRUE that the collection agency plaintiff doesn't have to be licensed because the lawyer representing them is a debt buyer??? -I tried calling Florida State to ask them but wasn't able to reach the compliance person. -Thanks.
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