[newheartsmith]

Hey everyone!

Good news . . . I hope.

Checked the Clerk of Courts website & called today - confirmed that Borack did NOT file the more definitive statement w/i the 20 days ordered by the judge!

Since they didn't do it - case should be dismissed w/prejudice.

Clerk at courthouse says I need to submit a letter to the Judge asking him to dismiss the case/close the matter.

What should I include in the letter? Since the motion we submitted said "more definitive statement" needs to be produced or dismiss w/prejudice, what do I need to make sure happens?

If dismissed w/prejudice, does that protect me from any additional attempts to collect by LVNV?

I now have ALL original copies of checks used to settle debt in 2004 as well as the settlement letter from Capital Mgmt.

Please advise - I want to put this thing to rest for good.

Thanks!

Oh, and how do I handle the negative, incorrect info that LVNV has filed with the Credit Bureaus? Do I need to send a CMRRR to LVNV instructing them to remove the erroneous listing w/i 30 days?

[Qtip]

bump!

[Aftermath]

Hi,

I am guessing the "more definitive statement" is really a "more definite statement."

If that is correct, The FL Rules of CP answer your question here.

FORM 1.968 FLORIDA RULES OF CIVIL PROCEDURE FORM 1.976

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague
or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a
more definite statement before interposing a responsive pleading. The motion shall point out the defects complained
of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice
of the order or such other time as the court may fix, the court may strike the pleading to which the motion was
directed or make such order as it deems just.

Why not ask for those pleadings to which the ignored order applied to be stricken and/ or for the Court to dismiss with prejudice?
Looks like it should be done by way of a motion in which you state why Borack is behaving badly. You don't want to include all the pleadings so far as those are sitting in the Court file and will most likely clog the arteries of the issue.

Hope that Helps.
This is not legal advice of any sort, but merely circumstantial evidence that I have too much time on my hands.

Aftermath