are there any florida laws that state that plaintiff, when suing, must provide a contract and or invoices
other than a statement of account attached as exhibit? plaintiff has created their own made-up statement--bogus
charges, with no proof!!! is this legal or do they have to attach a contract, invoices what they are claiming? any case
law as to this question in florida? help me please.....thanks!!!

judge has reserved ruling, we are pro se,(21yr daughter and mom) until he can look up
and find any case law to one of my defenses-- the univ cannot prove this is hers with just their statement attach
to the complaint---where is a contract, any signature document????


thanks!!

JudyKayTee

[quote=wanda chelsea]are there any florida laws that state that plaintiff, when suing, must provide a contract and or invoices
other than a statement of account attached as exhibit? plaintiff has created their own made-up statement--bogus
charges, with no proof!!! is this legal or do they have to attach a contract, invoices what they are claiming? any case
law as to this question in florida? help me please.....thanks!!!

judge has reserved ruling, we are pro se,(21yr daughter and mom) until he can look up
and find any case law to one of my defenses-- the univ cannot prove this is hers with just their statement attach
to the complaint---where is a contract, any signature document????



Need a little more info - have you specifically requested a statement of account and can you prove that what was provided is not correct/accurate - ?

This is not your daughter's debt or it's the wrong amount?

If the University cannot prove the debt because you challenge the proof they have provided the Court will make the decision whether to accept the Plaintiff's proof or not.

wanda chelsea

no, this statement was an exhibit--attached to the complaint, 1 page. i did not ask for it.
i thought i had a balance pd in full. and yes, this is for my daughter, whose is 21.

they had the bkkp who testified over the phone from the univ that she incurred these charges but even the judge said---it doesnt seem right....$500.00 parking tickets??? 3 tix on the same day??? judge wants to know....is there any florida case law outh there that
states the plaintiff must provide a signed contract or some student signature from the
gov (since they claim $2500.00) is from the gov and the univ paid it out---my defense
was that if this was govt provided funds then were are the disbursements and reimbs
back to the gov and daughter's signature on same??/

wanda chelsea

my other legal question---in new york city, can another university withhold financial papers from you filing and all, hold up grades, due to financial aid and if repetitive, certified mailings have been sent to univ begging to complete their financial business---what more can you do out of state?? who governs universities, its private.

JudyKayTee

Now I'm a little confused by the Judge, not by you. If these were unpaid parking tickets there would be no signature other than that of the person who wrote the tickets. You don't sign when you get a parking ticket - if you did/could/would be there you'd move your car.

I've heard of multiple tickets in the same day, particularly if you are in a handicapped or reserved spot. Also possible the car was moved from one illegal spot to another as your daughter attended classes - and that will probably be their argument.

I don't think I totally understand the situation - the Government paid your daughter's parking tickets?

ScottGem

First on the parking tickets, they need to produce copies of the tickets showing the violation. But three tickets in one day could add up to $500. There would be no need for any contract though.

What other charges are you being sued for?

wanda chelsea

ok--maybe i am jumping around. the lawsuit is for approx $4200.00, with only a statement attached to the 1pg complaint. we disputed with the school many times, this
amount was not correct since the breakdown is as follows:

$500.00 (parking tickets--$25.00 ea--judge thought it was extremely excessive--this is a
private college--only 3000 students--and univ was building a library next to her
dorm--constr workers parked illegally, lights would not work due to constr-- very
dark--it was used as a "day student parking--non dorm person--but all abused.
200.00 access fees--i called this "used car salesman fees;
400.00 atty fees/collection for plaintiff
200.00 meal ticket (which she dropped out early and did not use due to er medical care
1000. dorm (same as above--dropped out early due to er medical)
1900. stafford loan (unsub or sub?) with no attachments of how much school sent bk to'
gov with full itemization--how much they conveinently kept and how much they
sent back to gov. it was all about money for the univ.
___________
$4200.00 appox total suing for

subsequently, how can the plaintiff prove this is her without a contract attached to the
complaint stating she was entitled to this amount of money??? we have nothing and they
stated to the judge, they have nothing. i told the judge the numbers were fuzzy every
time there billing came out and i disputed every one!

the judge reserved ruling pending him looking on the internrt to see if there is any florida
case law that states when suing def, plaintiff must provide a copy of the sig contract from
the govt as to monies disbursed and/or returned. basically, a full accopunting of disbursements and a contract for same.

did that make sense???

ScottGem

OK, not it starts to make sense.

Yes the school needs to produce an application for enrollment for the semester in question. They also need to produce an application for housing. However, should they be able to do that, I think you are out of luck. Other than the parking tickets, the charges seem reasonable to me. And even those are not totally out of whack.

Most schools have a time frame by which a student can dorp out and not be financially responsible for fees. I suspect your daughter pulled out too late and does owe the dorm and meal plan. Same for the Stafford loan.

I do agree the school needs to document the charges better, but the statement you refer to is sufficent to be attached to the initial complaint.