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-   -   Florida small claims questions--re univ v. Student (https://www.askmehelpdesk.com/showthread.php?t=216240)

  • May 15, 2008, 10:20 AM
    wanda chelsea
    Florida small claims questions--re univ v. student
    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! :)
  • May 15, 2008, 10:32 AM
    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.
  • May 15, 2008, 10:43 AM
    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 doesn't 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? /
  • May 15, 2008, 10:47 AM
    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.
  • May 15, 2008, 10:50 AM
    JudyKayTee
    Quote:

    Originally Posted by 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??/


    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?
  • May 15, 2008, 11:00 AM
    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?
  • May 15, 2008, 11:32 AM
    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??
  • May 15, 2008, 11:44 AM
    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 sufficient to be attached to the initial complaint.

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