And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

Quote:

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Originally Posted by ScottGem

And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

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I understand that too, you all are making this clear.

Quote:

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Originally Posted by ScottGem

And what we are saying is the different address will be considered a simple clerical error that will not impact on the lawsuit.

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Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don! Please let us know how it all turns out.

Quote:

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Originally Posted by achampio21

Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense!! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don!! Please let us know how it all turns out.

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OK thanks for help.

Quote:

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Originally Posted by achampio21

Ok. I see what you are getting at. They will either say it was a clerical accident or whatever. I guess OP should make sure of allegation address before he attempts defense!! One address is solid for OP to win (2502). And the other sounds quite hopeless to me (2520).

Good luck Don!! Please let us know how it all turns out.

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If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.

Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.

Quote:

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Originally Posted by achampio21

I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

Again I was just curious. not sure if this idea might have been overlooked or if it is silly and doesn't matter.

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No, it wasn't overlooked. It's not a legal issue. The "category" of the person injured does not matter - you have a legal responsibility to keep your property safe.

Quote:

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Originally Posted by JudyKayTee

If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.
t
Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.

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Well what address do I use to give my answer 2 different address , 2 different steps, 2 different answers?
I know get an attorney but that might not be possible. I would if I could and I would not be here now. Just asking for worst case scenario here.
I will let u know what happens can not wait to.

That would be good to have be served again aleast buy me some time.
Right?

Quote:

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Originally Posted by dongiddens

well what address do I use to give my answer 2 different address , 2 different steps, 2 different answers?
I know get an attorney but that might not be possable. I would if i could and I would not be here now. Just asking for worst case scenario here.
I will let u know what happens can not wait to.

That would be good to have be served again aleast buy me some time.
right?

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You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

Here is loosely how an Answer reads:

The title is the same as the papers served on you. For example:

SUPREME COURT : COUNTY OF WHEREVER
STATE OF FLORIDA

[fill in their name]
Plaintiff

- vs - Index No. ________

[fill in your name] ANSWER AND AFFIRMATIVE DEFENSES
Defendant

Comes now the Defendant [fill in your name] in response to the Complaint filed against him who files this Answer and Affirmative Defenses:

1. The allegations set forth against him in Paragraphs [fill in the numbers of the paragraphs in the Complaint] of the Complaint are specifically denied;

2. The allegations set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are specifically admitted;

3. The allegation set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are neither specifically admitted or denied as the Defendant has insufficient information to make this determination.

4. If you have any defenses - you put them here.

5. If you want the Complaint dismissed because the address where the alleged injury occurred is incorrect, you put that here.

Then you sign it and I would suggest that someone other than yourself hand deliver it. Fill in an Affidavit of Service. Send the original to the Court with the original Affdidavit of Service.

I don't know if this will fly or not and I'm sort of winging it - but it might very well buy you time if you are insistent on proceeding without an Attorney.

Keep in mind that I am NOT your Attorney and am merely offering free advice.

Quote:

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Originally Posted by JudyKayTee

You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

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With more time I would hope this attorney would see I do not have deep pockets

And not re file and /or I would have moretime to see about bankruptsey and/or an attorney

Now I have more time than money.

Quote:

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Originally Posted by dongiddens

With more time I would hope this attorney would see I do not have deep pockets

and not re file and /or I would have moretime to see about bankruptsey and/or an attorney

Now I have more time than money.

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Don't we all at this point in our economy! And, yes, this MIGHT open a line of communication and the Attorney may or may not believe there is no insurance and he doesn't stand to collect a whole lot.

You never know!

Quote:

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Originally Posted by JudyKayTee

You respond using your residence address, you deny that the accident happened on your property and you ask that the lawsuit be dismissed. You do not use the rental address unless it is (somehow) your legal address. If you get it set aside you will certainly buy yourself some time - but it will cost you time (which is money) to do so. What do you see as the advantage to having more time?

Florida Law says: "The defendant's written response to the complaint is known as the answer. The answer admits or denies allegations in the complaint. It also states any defenses to the complaint, such as if there is a lack of subject matter jurisdiction or the statute of limitations has already expired. The answer can also contain any counterclaims that the defendant would like to make against the plaintiff. The counterclaims, however, have to relate to the plaintiff's complaint. The defendant cannot counterclaim about entirely unrelated issues -- that would be a different lawsuit. "

The answer is very complicated and MUST be in accordance with the Law. This is NOT a Small Claims matter where the Court is user friendly.

Here is loosely how an Answer reads:

The title is the same as the papers served on you. For example:

SUPREME COURT : COUNTY OF WHEREVER
STATE OF FLORIDA

[fill in their name]
Plaintiff

- vs - Index No. ________

[fill in your name] ANSWER AND AFFIRMATIVE DEFENSES
Defendant

Comes now the Defendant [fill in your name] in response to the Complaint filed against him who files this Answer and Affirmative Defenses:

1. The allegations set forth against him in Paragraphs [fill in the numbers of the paragraphs in the Complaint] of the Complaint are specifically denied;

2. The allegations set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are specifically admitted;

3. The allegation set forth against him in Paragraphs [fill in the number of the paragraphs in the Complaint] are neither specifically admitted or denied as the Defendant has insufficient information to make this determination.

4. If you have any defenses - you put them here.

5. If you want the Complaint dismissed because the address where the alleged injury occurred is incorrect, you put that here.

Then you sign it and I would suggest that someone other than yourself hand deliver it. Fill in an Affidavit of Service. Send the original to the Court with the original Affdidavit of Service.

I don't know if this will fly or not and I'm sort of winging it - but it might very well buy you time if you are insistent on proceeding without an Attorney.

Keep in mind that I am NOT your Attorney and am merely offering free advice.

---

Whoo OK
Thanks,

What does this mean to do? Fill in an Affidavit of Service

Quote:

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Originally Posted by JudyKayTee

If the Plaintiff fell and was injured on his property, invited guest, tenant, trespasser, whatever the category, the property owner is responsible if the injury was caused by a condition which a prudent person should have been aware of and should have corrected.

People who enter onto a property for one reason or another do not fall into the LEGAL category of trespassers and, even if they are ILLEGAL trespassers, there for the purpose of burglarizing the property, they still have the right to sue for bodily injury.

If I am at your door, asking you questions about an accident, and you order me off the property I do not become a trespasser until I leave - and come back. The second time around, after being ordered away, I become a trespasser. And I do not see that that happened here.

If the address IS wrong on the papers the Plaintiff's Attorney will either make a request that the correction be allowed OR the matter will be dismissed and the Defendant re-served with papers indicating the correct address.

Hopefully the OP will retain an Attorney and come back and let us know how this worked out. Obviously his time to respond is ticking down.

---

Wow! That's crazy. I guess that is how people that do break into houses and get hurt by falling down or something win their cases! So putting a no trespassing sign up is just a deterrent and you still have to tell them to leave at least once before anything can be done? Good to know Judy! Thank you! I seem to learn a lot from you on these topics. Hopefully I will never have to use this knowledge but if I ever do I know who to come to! :D Thank you!!

Quote:

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Originally Posted by achampio21

Wow! That's crazy. I guess that is how people that do break into houses and get hurt by falling down or something win their cases!! So putting a no trespassing sign up is just a deterrent and you still have to tell them to leave at least once before anything can be done?! Good to know Judy!! Thank you! I seem to learn a lot from you on these topics. Hopefully I will never have to use this knowledge but if I ever do I know who to come to!! :D Thank you!!!!

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Thanks - you know another two headed sword? You DON'T have a beware of dog sign, somebody gets bitten, you didn't warn them.

You DO have a beware of dog sign, somebody gets bitten - you have prior knowledge - that's why you posted the sign (in theory). I took another route and have a sign that says (in so many words, with a drawing of a German Shepherd), "I can make it to the fence in 3 seconds. Can you?" and a locked gate!

It's hard to know what to do and what not to do.

Yes, I'm knocking on doors all the time, stay away signs or not, and - so far at least - until I am told to go away I am not breaking the Law. Of course, once you say you don't want to talk to me I permanently go away (except if later on there are papers to be served), but that's the Law, at least in NY.

Quote:

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Originally Posted by JudyKayTee

Thanks - you know another two headed sword? You DON'T have a beware of dog sign, somebody gets bitten, you didn't warn them.

You DO have a beware of dog sign, somebody gets bitten - you have prior knowledge - that's why you posted the sign (in theory). I took another route and have a sign that says (in so many words, with a drawing of a German Shepherd), "I can make it to the fence in 3 seconds. Can you?" and a locked gate!

It's hard to know what to do and what not to do.

Yes, I'm knocking on doors all the time, stay away signs or not, and - so far at least - until I am told to go away I am not breaking the Law. Of course, once you say you don't want to talk to me I permanently go away (except if later on there are papers to be served), but that's the Law, at least in NY.

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THAT'S CRAZY!! But you know what my husband told me something a guy from work told him that pertains to that dog sign theory... a guy was trying to break into his house, he unlocks his gate and lets the dog out. Dog bites intruder before he gets in house. Intruder sued home owner. Home owner paid medical bills!!

I like your sign Judy!! We are getting a German Shepard puppy next summer for kids(and me:o) we may look into getting a sign like yours!! :D