[rubyruby27]

Just posted by someone on floridadebtor-its not caselaw but it may go to appeal and become case law in Florida.

the attorneys told her they would appeal, whether they do or not is another question.

i got the 'order of dismissal' paperwork. basically the judge used the fernandes case to establish the fact that my credit card was an 'open account.' then he applied the va code.

"Based upon the record before this Court, the Court hereby DISMISSES the complaint in that it is based upon an open account and hence the Statute of Limitations has expired. Additionally, there are no copies of the account attached to the original complaint as required by Florida RCP 1.130."

We need more judges like this one. He really is disgusted by the fact that creditors get away with this abuse of laws put in place to protect the consumer.

[hannah]

Very good, Ruby!!

[rubyruby27]

Here's the JUdges' decision.

By the way can anyone get me the case laws that are mentioned in this MSJ. I don't need the fernandez, but the others would be nice to read.

Thanks

ORDER OF DISMISSAL


THIS MATTER was scheduled for a Motion for Summary Judgment on July 19, 2007. At the hearing, Defendant, pro se, stated that she had filed a document in opposition to the Motion for Summary Judgment, also alleging that the matter is time bared due to the Statute of Limitations. After the hearing, the Court took the Motion for Summary Judgment under advisement, and allowed both sides an opportunity to submit any legal authority with regards to their position.

Subsequent to the hearing, the Plaintiff submitted a one page order, Capital One Bank vs. Jesse D. Parris, issued by a Circuit Judge dated February 16, 2007, Nunc pro tunc to February 5, 2007. This Court is unable to determine the judicial circuit this case originated. The Defendant submitted a copy of the Code of Virginia and a copy of Portfolio Recovery Associates vs. Paul Fernandes, (Fla. Cir. Ct.), 15th Judicial Circuit in and for Palm Beach County, case number 2005-AP 32MB, Division AY, Judge Nancy Perez. Additionally, this Court considered L. W. T v. Brodsky, 2006 WL 3617983 (Fla Cir. Ct.), Broward County, December 8, 2006. Additionally, Defendant forwarded to the Court by letter dated July 23, 2007, a reference to Rule 1.130, Florida Rules of Civil Procedure. Based upon the record before this Court, the Court hereby DISMISSES the complaint in that it is based upon an open account and hence the Statute of Limitations has expired. Additionally, there are no copies of the account attached to the original complaint as required by Florida Rule of Civil Procedure 1.130.

DONE and ORDERED in Chambers, Alachua County, Florida this 27th day of July, 2007.

[rubyruby27]

Here's a link where Asset is using the same argument, in reverse, to lengthen the SOL in California on a Citi account (SD law):

Can Citibank impose 6 yr. statue of limitations? - FreeAdvice Forums

any thoughts from anyone on this.

[cracrap]

in my opinion cali wouldnt accept sd sol...why i cant tell u for sure right now , but subliminally there are several reasons why...i would need time to think it thru and to examine other info...
for one thing , cali does not dig using other states statutes and cali's supreme court has even gone so far as to rule on "long arm" laws in the sense that a california residents rights and protections come from california first and then the feds second so it seems...other states be damned

[hannah]

Originally Posted by cracrap

in my opinion cali wouldnt accept sd sol...why i cant tell u for sure right now , but subliminally there are several reasons why...i would need time to think it thru and to examine other info...
for one thing , cali does not dig using other states statutes and cali's supreme court has even gone so far as to rule on "long arm" laws in the sense that a california residents rights and protections come from california first and then the feds second so it seems...other states be damned

What you need to remember is that most credit card agreements now days claim that the law governing their credit cards is the state they originate in. While Cali may not like it, an argument for "long arm" could prevail if the OC presented evidence of that fact and the fact that the debtor agreed to it.

[Pale Rider]

I read a Texas case that basically stated "if you sue in Texas use Texas SOL". They can write anything they want in the contract, such as the "agreement will be governed by Xxxxxx state law". The problem is, when they sue in another state, the courts there do not have to abide by that agreement. They have to abide by the laws and statutes in their own state.

[Enigma]

Originally Posted by Pale Rider

I read a Texas case that basically stated "if you sue in Texas use Texas SOL". They can write anything they want in the contract, such as the "agreement will be governed by Xxxxxx state law". The problem is, when they sue in another state, the courts there do not have to abide by that agreement. They have to abide by the laws and statutes in their own state.

FL has a statute that basically states that if an action is past the SOL in the governing law state, then an action cannot be maintained in FL.

[hannah]

Originally Posted by Enigma

FL has a statute that basically states that if an action is past the SOL in the governing law state, then an action cannot be maintained in FL.

Ditto for WV...but there are exceptions...

[Enigma]

Originally Posted by hannah

Ditto for WV...but there are exceptions...

Yeap it's called deJudge.

[cracrap]

after looking into it , there are a jillion cases that say,,,, no way in hell they can use nd sol for sol over cali debtor if they sue in cali, if they want to use nd sol then sue in nd..

there are a jillion, but heres one with other links in the memorandum
http://www.canb.uscourts.gov/canb/Do...b?OpenDocument

[cracrap]

Originally Posted by Pale Rider

I read a Texas case that basically stated "if you sue in Texas use Texas SOL". They can write anything they want in the contract, such as the "agreement will be governed by Xxxxxx state law". The problem is, when they sue in another state, the courts there do not have to abide by that agreement. They have to abide by the laws and statutes in their own state.

cali has a jillion examples of this

[cracrap]

STOP IGNORING ME PEOPLE!!! HOW DO I RECORD CELL CALLS??

AND HANNAH? RIVALS IS PREDICTING A USC/WV NATIONAL TITLE GAME!!!!

[Pale Rider]

Originally Posted by cracrap

STOP IGNORING ME PEOPLE!!! HOW DO I RECORD CELL CALLS??

AND HANNAH? RIVALS IS PREDICTING A USC/WV NATIONAL TITLE GAME!!!!

1 Have them call you on a real phone with a recorder that works.

2 Rivals is almost right about the almost Heaven town.

[cracrap]

Originally Posted by Pale Rider

1 Have them call you on a real phone with a recorder that works.

2 Rivals is almost right about the almost Heaven town.

1. no can do...i get a million calls , and im not giving them my home number...i want t o record myself notifying them not to call my cell anymore so i can get them on tcpa violations if they do

2. heaven town? forgive me but im from the big city
..what praytell does that mean?
though mama was born in waxahachie
brother and sister in dallas

[hannah]

Originally Posted by cracrap

2. heaven town? forgive me but im from the big city
..what praytell does that mean?
though mama was born in waxahachie
brother and sister in dallas

It's ALMOST HEAVEN...and you'd know what it meant if you lived here...

Go Mountaineers!

Sorry Qtip, I was baited into a response...

[Pale Rider]

Originally Posted by cracrap

2. heaven town? forgive me but im from the big city
..what praytell does that mean?

There is a little town outside of Virginia by the name of West Virginia. They appear to have a very high opinion of their surroundings and an old popular country song, but have fallen short. They also appear to be obsessed with a sports team that falls short. And, their cheer leaders are meth addicts.