Consequences of transacting business without authority.--

[iamfreeru2]

Originally Posted by truth4all

LOL shame on you. ..harassing third party debt collectors !
Protective Order ? You madman !
asking all of those "dangerous" questions via "paper" in Discovery !!
LOL

By the way if the attorney FOR Plaintiff is answering Discovery, INSTEAD of Plaintiff, you might want to check your CCP rules.
He has most likely waived all client/attorney work privledges he would want to claim, in doing so.
Press onward. They probably have to pay for each piece of paper they request from the creditor.

So far no answers to any discovery requests and their time is running out. I am a madman and dangerous you know. LOL. The only thing so far is a bunch of meaningless alleged paper statements in a Notice of Filing. I called a friend and he and I both had a good laugh.

[iamfreeru2]

Originally Posted by Jerseee

Now that's funny!

Here's an idea, since copies are allowed (just for argument sake) get a copy of the opposing party's sginature and create a letter stating that their company committed fraud upon you and cut and paste the letter up with the copied signature. Make it look like a letter sent to you and just present it (do not admit it into evidence!!!) and show the court. Let's see what they say about that.

I bet you'd get a subpoena to produce the original letter! hahahahahahaha

Not legal advice--but a damn good idea to make your point that the FRE rule 1003. is there for a reason.

LOL!!!!! HAHAHAHA!!That's a good one Jerseee. I am rolling on the floor in laughter.

[iamfreeru2]

I have copied and pasted the relevant parts regarding my objection to Plainitff's motion. Of course I have left off the heading and the proof of service. It was put in the mail this morning. There is one other document I am also asking for from Plaintiff, although I doubt it will be turned over without the court compelling Plaintiff to do so. We shall see what transpires.

I have a motion to dismiss before the court that will be heard in October and we shall see what happens with that first. Then if need be will deal with their motion for protective order.

1. Paragraph (3): The request for discovery will show that Plaintiff not only lacks standing to bring suit, but also that Plaintiff has no case. To date, Plaintiff has not answered, nor is interested in answering, Defendant’s Requests for Admissions to the Plaintiff, Defendant’s First Interrogatories to Plaintiff, or Request for Production of Documents and Things served on or about xxxxx xx, xxxx. Plaintiff’s motion demonstrates bad faith and an obvious attempt to obfuscate the facts and to perpetrate fraud upon this court. It also demonstrates that Plaintiff may not have any certified, verified documents to support its frivolous claim, seeking to hide its lack with this court’s protection. Plaintiff has yet to substantiate a claim of Defendant’s indebtedness by producing admissible evidence through a competent-fact witness. There is nothing in Defendant’s discovery requests that “runs directly counter to the stated purpose of Rule 1.280(c)� and any requests Defendant made are in the interest of truth and justice.
Plaintiff further attempts obfuscation by claiming that Defendant is trying to annoy, oppress, and place an undue burden on Plaintiff and that the discovery requests “are not reasonably calculated to lead to the discovery of admissible evidence.� Plaintiff has made a claim that Plaintiff has standing to sue and that Defendant owes Plaintiff money. Defendant, therefore, seeks strict proof of Plaintiff’s claim; the best way to obtain this proof is through discovery.
Furthermore, Plaintiff’s motion is a substantive and procedural nullity, frivolous on its face. To grant this motion is to deprive Defendant of an adequate defense and a violation of procedural due process.
2. Plaintiff’s statement in paragraph (4) is without merit. There is no evidence that discovery is an attempt to avoid the payment of debt legitimately owed. There is further no evidence that the source of discovery requests is the Internet.
3. Plaintiff’s statement in paragraph (5) is without merit. Constitutional arguments have not been made anywhere in any document served. However, if Plaintiff is referring to the Lilly case regarding the commerce clause of the United States constitution it is very relevant because the case involved standing and the requirement of a certificate of authority needed to sue in a state court.
4. Defendant objects to Plaintiff’s statement in paragraph (6) and denies that an agreement exists between Defendant and Plaintiff whereby Plaintiff extended credit at Defendant’s request and he demands strict proof that such an agreement exists. Furthermore, Defendant denies that Plaintiff extended any credit to Defendant at Defendant’s request and demands strict proof thereof. Finally, Plaintiff’s mention of “creation of money� is without merit.
Wherefore Defendant requests this court to deny Plaintiff’s motion and compel response to all of the Defendant’s discovery requests.

I did edit #3 above to include pertinent info that was also included in my objection mailed.

[charlesa6]

Originally Posted by iamfreeru2

I have copied and pasted the relevant parts regarding my objection to Plainitff's motion. Of course I have left off the heading and the proof of service. It was put in the mail this morning. There is one other document I am also asking for from Plaintiff, although I doubt it will be turned over without the court compelling Plaintiff to do so. We shall see what transpires.

I have a motion to dismiss before the court that will be heard in October and we shall see what happens with that first. Then if need be will deal with their motion for protective order.

1. Paragraph (3): The request for discovery will show that Plaintiff not only lacks standing to bring suit, but also that Plaintiff has no case. To date, Plaintiff has not answered, nor is interested in answering, Defendant’s Requests for Admissions to the Plaintiff, Defendant’s First Interrogatories to Plaintiff, or Request for Production of Documents and Things served on or about xxxxx xx, xxxx. Plaintiff’s motion demonstrates bad faith and an obvious attempt to obfuscate the facts and to perpetrate fraud upon this court. It also demonstrates that Plaintiff may not have any certified, verified documents to support its frivolous claim, seeking to hide its lack with this court’s protection. Plaintiff has yet to substantiate a claim of Defendant’s indebtedness by producing admissible evidence through a competent-fact witness. There is nothing in Defendant’s discovery requests that “runs directly counter to the stated purpose of Rule 1.280(c)� and any requests Defendant made are in the interest of truth and justice.
Plaintiff further attempts obfuscation by claiming that Defendant is trying to annoy, oppress, and place an undue burden on Plaintiff and that the discovery requests “are not reasonably calculated to lead to the discovery of admissible evidence.� Plaintiff has made a claim that Plaintiff has standing to sue and that Defendant owes Plaintiff money. Defendant, therefore, seeks strict proof of Plaintiff’s claim; the best way to obtain this proof is through discovery.
Furthermore, Plaintiff’s motion is a substantive and procedural nullity, frivolous on its face. To grant this motion is to deprive Defendant of an adequate defense and a violation of procedural due process.
2. Plaintiff’s statement in paragraph (4) is without merit. There is no evidence that discovery is an attempt to avoid the payment of debt legitimately owed. There is further no evidence that the source of discovery requests is the Internet.
3. Plaintiff’s statement in paragraph (5) is without merit. Constitutional arguments have not been made anywhere in any document served.
4. Defendant objects to Plaintiff’s statement in paragraph (6) and denies that an agreement exists between Defendant and Plaintiff whereby Plaintiff extended credit at Defendant’s request and he demands strict proof that such an agreement exists. Furthermore, Defendant denies that Plaintiff extended any credit to Defendant at Defendant’s request and demands strict proof thereof. Finally, Plaintiff’s mention of “creation of money� is without merit.
Wherefore Defendant requests this court to deny Plaintiff’s motion and compel response to all of the Defendant’s discovery requests.

Iamfreeu2, it look good, but can you back it up with statue, code, and annoted which will give it more teeth to your case.

[iamfreeru2]

Thanks Charles, but no need to in this objection. I did edit my post above though.

[charlesa6]

Okay! Good job.

[iamfreeru2]

Just received today a motion to permit telephonic appearance at hearing from Plaintiff. At paragraph 3 in the motion it states: The hearing should not last more than five (5) minutes on (date) at (time). This hearing is in regard to my motion to dismiss. I have requested discovery, which counsel for Plaintiff has filed motion for protective order and which I have filed objection to motion for protective order. No discovery, whatsoever, has been given and I do not expect there to be any provided. I am not counting my chickens before they hatch, but this sounds to me like a five minute hearing for the court to grant my motion. We will see what transpires, but since this will be by telephone and there is no way that Plaintiff can enter any evidence through the telephone in rebuttal to my motion, this is the only logical answer I can come up with. What can be said in five minutes? I could be wrong about this and I certainly do not want to get ****y. Any comments are welcome.

Originally Posted by iamfreeru2

Just received today a motion to permit telephonic appearance at hearing from Plaintiff. At paragraph 3 in the motion it states: The hearing should not last more than five (5) minutes on (date) at (time). This hearing is in regard to my motion to dismiss. I have requested discovery, which counsel for Plaintiff has filed motion for protective order and which I have filed objection to motion for protective order. No discovery, whatsoever, has been given and I do not expect there to be any provided. I am not counting my chickens before they hatch, but this sounds to me like a five minute hearing for the court to grant my motion. We will see what transpires, but since this will be by telephone and there is no way that Plaintiff can enter any evidence through the telephone in rebuttal to my motion, this is the only logical answer I can come up with. What can be said in five minutes? I could be wrong about this and I certainly do not want to get ****y. Any comments are welcome.

check the statute . Does he need your permission to attend by phone? If so you may want to object. Judgment call.

[iamfreeru2]

Originally Posted by francis

check the statute . Does he need your permission to attend by phone? If so you may want to object. Judgment call.

Thanks Francis. So I am assuming you think this may be a bad thing? I can object, but is there a need too. If they are going to take five minutes, what can be done over the phone in that amount of time? No evidence can be presented and the attorney cannot testify. I am at a loss to see the need to object, but if you know something I do not, seeing as how you are an attorney, please enlighten me.

I have copied and pasted from the Florida Rules of Judicial Administration below. I have only been sent the motion to permit telephonic appearance at hearing. Nothing has been said about testimony at all. I have also copied and pasted the pertinent part of the motion I received at the end.

RULE 2.071.USE OF COMMUNICATION EQUIPMENT

(c) Use Only by Requesting Party. A county or circuit court judge may, upon the written request of a party upon reasonable notice to all other parties, permit a requesting party to participate through communication
equipment in a scheduled motion hearing; however, any such request (except in criminal, delinquency, and appellate proceedings) must be granted, absent a showing of good cause to deny the same, where the hearing is set
for not longer than 15 minutes.

(d) Testimony.

(1) Generally. A county or circuit court judge may, if all the parties consent, allow testimony to be taken through communication equipment.
(2) Procedure. Any party desiring to present testimony through communication equipment shall, prior to the hearing or trial at which the testimony is to be presented, contact all parties to determine whether each party consents to this form of testimony. The party seeking to present the testimony shall move for permission to present testimony through communication equipment, which motion shall set forth good cause as to why the testimony should be allowed in this form.
(3) Oath. Testimony may be taken through communication equipment only if a notary public or other person authorized to administer oaths in the witness's jurisdiction is present with the witness and administers the oath
consistent with the laws of the jurisdiction.

MOTION TO PERMIT TELEPHONIC APPEARANCE AT HEARING

The Plaintiff hereby moves this Court to enter an Order permitting its counsel to appear telephonically at the Hearing to be heard by this Court and as grounds therefore would state:

1. The undersigned Counsel represents Plaintiff throughout all of Florida.
2. Pursuant to rule 2.071 (c) of the Florida Rules of Judicial Administration, the Plaintiff, via counsel, hereby requests that it be allowed to appear at the aforementioned Hearing vis-a-vis the use of telephonic
equipment.
3. The Hearing should not last more than five (5) minutes on _______, 2005 at _______ EST.
4. The Defendant will not be prejudiced in any way by Plaintiff's counsel's telephonic appearance.

What ya'll think eh? Is there anything to object too.

[iamfreeru2]

This is my response to Plaintiff's motion:

DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION
TO PERMIT TELEPHONIC APPEARANCE AT HEARING

COMES NOW Defendant _____________, pro se, files this response to Plaintiff’s Motion to Permit Telephonic Appearance at Hearing and does hereby state as follows:

Defendant has no objection to the appearance by Plaintiff’s counsel at the scheduled hearing vis-Ã*-vis telephonic equipment. The fact that Plaintiff’s counsel is barred from testifying and is incapable of entering evidence via telephone further supports Defendant’s Motion to Dismiss.