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  1. #1
    Join Date
    May 2011
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    6

    Default Judge Ordered Mediation

    My question involves collection proceedings in the State of: Florida

    Hi there. Let me give the quick details up to now.

    A lawsuit was filed by a debt collector in April, 2011. I answered, and based on the evidence provided I denied all and raised my affirmative defenses. The evidence included: (1)bill of sale/transfer of accounts from CC company to Collection Agency #1. No information relating to the alleged account was included (2) bill of sale from CA#1 to CA#2, again with no information of specific account or names (3) what appears to be a faxed copy of the final billing statement from the original creditor with my name and address.

    Following templates and recommendations, I sent a request for documents (notarized and filed). The attorney returned a copy of a summons sent to the original CC company requesting info. This is the last movement on the case, which occurred 9/29/11.

    I just received a judge ordered mediation appointment. I'm assuming I must attend. I also assume the attorney that brought the suit has no more evidence than they did 2 years ago or they would have pushed forward.

    Did I miss an opportunity to get this dismissed over the past 18 months, and is there anything I need to worry about as far as the mediation is concerned? If they can't produce any additional evidence I see this mediation as a waste of time and money.

    Thanks for any and all help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Judge Ordered Mediation

    Did you miss an opportunity to seek dismissal? Possibly. That will depend on the facts of the case, the reasons for the delay, and possibly the terms of the court's scheduling order.

    You appear to be referencing this process.

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: Judge Ordered Mediation

    Yes, that appears to be the process. Thank you.

    One more question as far as evidence goes... Is there a statute or rule that requires electronic information, such as the transfers/sales of accounts, to be disseminated in a manner that is understandable to all parties? I thought I had read that somewhere but cannot seem to find it.

    Thank you

  4. #4
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    Sep 2005
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    Default Re: Judge Ordered Mediation

    You need to be more specific. If you're talking about discovery, you typically "get what you ask for."

  5. #5
    Join Date
    May 2011
    Posts
    6

    Default Re: Judge Ordered Mediation

    Understood. The "Bill of Sale" from the original collector has the batch and sale information redacted. Through discovery this is the only transfer document along with a notice of assignment for the current collector/plaintiff, which does not note the original collection agency.

    Also, through discovery, plaintiff/attorney could not produce a contract or any statements showing charges against the account, only late fees. I believe this is key to their case. Am I correct in this?

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