Pretrial Conference and Mediation Summons
My question involves collection proceedings in the State of: Florida (Palm Beach County)
I am not familiar with the legal system. I have been trying contact a lawyer to handle my case but have not had a returned call after several messages. I know have 11 days to appear because of a summons. I have many questions.
Equable Ascent Financial filed a lawsuit against me (only in my maiden name and not my legally married name of 2+ years). The summons is to appear in a Palm Beach County Court for a pre-trial/mediation. They have included a copy of a statement from Chase from 2 years ago. The statement has my married name and the account number, but doesn't reflect any dates for charges or payments received for this account. How do I know the judgement is filed within the statue of limitations? Also, this is a Chase statement for a WAMU credit card (Chase bought WAMU) but they didn't provide any paperwork showing that I opened the account and/or agreed to the terms and what the original terms were. They provided a bill of sale from Chase, but excluded the amount of the bill of sale. Is this legal? Can I use any of this at my pre-trial, as I see I am going to have to appear on my behalf without a lawyer. Any help is greatly appreciated.
Re: Pretrial Conference/Mediation Summons
It is up to you to raise the statute of limitations as a defense. They do not have to prove the timeliness of their suit as part of their case in chief. Also, it was your credit card - you should have a pretty good idea of when you stopped paying the bill.
Similarly, if you want to try to claim that the charge account was not yours you are free to present that argument in court - but their statement of account in your name and your address is sufficient for their initial filing, and if the matter goes to trial I expect that they will submit additional evidence to show the history of statements sent to you and payments made by you to establish that this is your account.
Re: Pretrial Conference/Mediation Summons
Any suggestions as to what I can expect at the pre-trial. I don't want to be unprepared and waste the judge/courts time with my lack of knowledge.
Re: Pretrial Conference/Mediation Summons
A pretrial is typically for the purpose of scheduling discovery, pretrial motions, and estimating the length of a trial (should the case go to trial). The court is also likely to want to know if the parties believe the case will settle or will go to trial.
I don't practice in your state; in my state, mediation is a non-binding process that occurs in some civil cases to attempt to facilitate settlement.
Re: Pretrial Conference/Mediation Summons
Thank you. I am very scared. I have never been to court and I feel so ignorant and confused. All suggestions and insight is greatly appreciated.