Ask Me Help Desk - Florida civil procedure

I am being sued by a debt-collecting attorney for an account my mother claimed in her bankruptcy(~$6000). I was an authorized user, not a co-applicant for the credit card. The debt was dissolved in her bankruptcy according to her credit report, but now they are coming after me. I responded to the summons as such within the 20 days allowed. I also attended the hearing for their motion for summary judgment. They were denied because the judge said there were factual discrepancies in the case. They sent me interrogatories, request for admissions and request for production. I answered all within 30 days (if they were appropriate questions in the first place) and responded with my own interrogatories and request for production. I asked for the application (or any evidence with my signature) that shows my acknowledgment of financial responsibility. They did not answer within 45 days, so I filed a motion to compel. What do I do now? I realize there will be a hearing on my motion, but what will happen at the hearing? Will they have to produce what I asked for or admit they don't have them? If they admit they don't have them, I don't believe they have a case, especially given the current statements from the judge. Can I file a motion to dismiss with prejudice at that time or should I demand a trial? Also, I would like this to be over as quickly as possible, and the attorney is taking FOREVER! Is there something I can file to speed it up? Thanks so much in advance for any advice you may offer...

At your hearing for the Motion to Compel the Judge will order them to produce the documents in 30 days. After the 30 days comes and goes then you file a Motion to Dismiss using the Judge's Order to Compel the Documents as your reason for the dismissal. Normally lawsuits drag out so don't be in such a hurry as you'll just be spinning your wheels here as courts move very very slowly to come to the climax of either a dismissal or a Judgment.

You don't want to ask for a trial as you would just be delaying things even further. You need to file the Motion to Dismiss after they don't produce documents per the Judge's Order. Simple.

Thanks twinkiedooter. I called up the court clerk to schedule the hearing, but she said she would get to it when she could...

I have an additional question to ask about my situation: I may be getting a job offer out of state in the near future. Will I be able to continue to fight this case from there via telephone? I understand the attorneys are allowed to do so. Is there any reason I wouldn't? Thanks!

Quote:

Originally Posted by ksizzle

... Will I be able to continue to fight this case from there via telephone? ...

Sure. I'm assuming you're representing yourself in this. Thus you are in effect your own attorney. A simple motion and order to appear telephonically at each hearing would be in order. Be sure to arrange with the judge's secretary with details: whether they call you or you call them, what number you call, etc.

Well not so sure here, many courts and/or judges will require you to be present in court. So confirm this with the court.

But also how many of these debts did you sign for or use ?

Co ower is easy, even if she want bankrupt, a co owner would still be lresponsible, so their actions will be most likely to show that you used a lot of the charges personal, ( did you make some of the payments also ?)

Thanks AK lawyer. Yes, I am pro se. Fr_Chuck: I certainly don't think it is fair to allow the other party's attorney to make a telephonic appearance but not allow me the same privilege. Since the judge has already allowed that for the other attorney during a hearing, I hope that sets the precedent that he will allow the same for both parties throughout. In any case, I will certainly check on it.

As for the responsibility issue, I was an authorized user for the account NOT a co-applicant. I carefully checked the rules on this before becoming an authorized user and they state that the cardholder agrees to be responsible for all purchases made by the authorized user(s) on the account as they have no financial liability. I can make my case in court with my mom testifying if need be that she was allowing me to purchase specific items of my taste as gifts. I made the payments for her when she started to have financial problems, but that does not imply ownership of the account. People make payments for other people all the time. I paid some of her medical bills too. Again, I can make all these points if necessary in court through testimony. Thanks for your input though.