First of all let me say I am new at this site but am impressed with everybody really trying to help each other. Thank you all. I will try to give all pertanent details because my court date is this monday12/15/08 please help. I live in miami dade county Florida. I had a default judgment vacated and now is the court date set for pre-trial (I don't know what that means) I really can't pay money right know due to the miserable financial situatioon I am in(I know that is not a defense) so I am going to try to use technicallities. Should I try sol 1st with judge and if not ask for detailed validation of debt (inc payments made on original cc account, formula used to arrive at total debt inc breakdown of interest charge, signed original contract etc) the plaintiff is a collection agency not original creditor is this the way to go or do you think I will piss off judge and be thrown in jail .

Please hurry with response I am short on time thank you in advance

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Originally Posted by abolanos

first of all let me say i am new at this site but am impressed with everybody really trying to help each other. thank you all. i will try to give all pertanent details because my court date is this monday12/15/08 please help. i live in miami dade county florida. i had a default judgment vacated and now is the court date set for pre-trial (i don't know what that means) i really can't pay money right know due to the miserable financial situatioon i am in(i know that is not a defense) so i am going to try to use technicallities. should i try sol 1st with judge and if not ask for detailed validation of debt (inc payments made on original cc account, formula used to arrive at total debt inc breakdown of interest charge, signed original contract etc) the plaintiff is a collection agency not original creditor is this the way to go or do u think i will piss off judge and be thrown in jail .

please hurry with response i am short on time thank you in advance

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I would pretty much be prepared to have one chance at defending yourself and would use every defense you have - SOL if it's pertinent, validation (if that's the problem).

You won't get thrown in jail (unless you are really obnoxious and held in contempt) - debtors prison ended years and years ago.

And, yes, you can upset the Judge if you represent yourself and don't listen so I'd be careful that your arguments are valid and you aren't just wasting the Judge's time.

Exactly, Don't use the SOL argument unless you are reasonably confident that the timing is close. But remember SOL goes until they FIRST filed, even if you got it vacated. So if their initial filing was within the SOL, then that argument is out.

Have you sent the plaintiff a request for verification? If you haven't the fact that this is a pretrial (probably a discovery type hearing), you should be able to ask and then get a postponement to review the documentation.