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HAVE A QUESTION ABOUT LAWSUITS

Discussion in 'Other Off Topic Forum' started by dream cars, Feb 26, 2004.

  1. dream cars

    dream cars Formula 3

    Nov 5, 2003
    1,096
    Central FL
    Full Name:
    mike
    I just files suit against a customer of mine yesterday in Orange County, FL. Sent the summons overnight to his local Sherriff to be served. after he is served then what? the people at the court house was no help at all telling me to go to the library and check out law books to find the next step.WTF? I have the Judges office number, should I call them after I get the papers back? I was told that this type of case does not go to mediation, "over $5000 under $15000" this is my first time filing suit by myself. the case is open shut, signed contract + police report + customer fraudulenty making claims agaist me to keep from paying. so I didnt think I needed a attorney. any help would be greatly appreciated.

    Mike
     
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  3. darth550

    darth550 Five Time F1 World Champ
    Lifetime Rossa

    Jul 14, 2003
    58,589
    In front of you
    Full Name:
    BCHC
    There is a saying:

    "Anyone who represents himself has a fool for a client."

    Cases have a funny way of going sideways (even when they are open and shut). Just ask OJ.

    Get an attorney!

    DL
     
  4. dherman76

    dherman76 Formula Junior
    Owner

    Feb 25, 2004
    601
    Boston
    Full Name:
    Darren Herman
    Really sounds as if you need an attorney here - especially since this is your first time..
     
  5. tvrfreak

    tvrfreak F1 Rookie
    BANNED

    Mar 31, 2003
    3,879
    Arkansas
    Full Name:
    F K
    The court clerks were correct in referring you to the law library. They are not there to offer you legal advice.
     
  6. dream cars

    dream cars Formula 3

    Nov 5, 2003
    1,096
    Central FL
    Full Name:
    mike
    my problem is I really cant afford an attorney, due to this guy stiffing me im just have enough to pay bills and the attorneys i talked to want a retainer I really cant produce
     
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  8. dream cars

    dream cars Formula 3

    Nov 5, 2003
    1,096
    Central FL
    Full Name:
    mike
    with that said if any attorneys in florida would like to talk to me about representing me please give me a call toll free at 866-624-6396 ask for mike or PM me. I have in the contract that the customer pays all my attorney fees, ect.. and maybe I can swing a retainer just not a large one.
     
  9. future328driver

    future328driver Formula 3
    Silver Subscribed

    Dec 10, 2001
    1,767
    Dallas, Texas
    Full Name:
    Ken Thomas
    The defendant has a certain amount of time to respond to your suit. That is what will happen next, assuming the police were able to serve him. Check with the court clerks to find out how much time the defendant has to respond. Periodically check in with the court clerk to determine if the defendant has filed an answer. Depending upon your jurisdiction, the typical response period is about 30-60 days.
     
  10. dream cars

    dream cars Formula 3

    Nov 5, 2003
    1,096
    Central FL
    Full Name:
    mike
    thanks, I know he has 20 days from the day he is served to answer the suit. but after that, asuming he answers Im lost, does a court date get set or what?
    thanks again
     
  11. future328driver

    future328driver Formula 3
    Silver Subscribed

    Dec 10, 2001
    1,767
    Dallas, Texas
    Full Name:
    Ken Thomas

    If he does not answer your suit, you can request the court to issue a default judgment against him. Basically, he has to reply o your suit or the court will consider his non-reply as an admission of your allegations. Again, the court clerk can give you information on how to proceed if he fails to answere your complaint. Also, the court you are dealing with may have a website that details the local rules you need to follow for the various filings.

    If he does answer and he has hired an attorney, I suggest that you get one as well. You will be at a distinct disadvantage ie he has a lawyer and you do not. That said, I would still recommend that you consult a lawyer about the situation. There are many ways for a pro se plaintiff to screw up their suit and an attorney can help you avoid that. I am not sure what Florida law says, but in many states, the plaintiff who prevails in a breah of contract suit is entitled to attorney fees and courts costs irregardless of whether the original contract specifically allowed for them.
     
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