Anyone here currently battling a suit with Amex in the state of florida? Or outside of florida? I’d be happy to exchange details with you regarding your case and mine so we can plan better and be prepared for Amex’s lawyers and their game plan.
10 replies
brian ·
See today's video. Thank you.
Amohab ·
Thank you Brian! I was thrilled when I saw that you uploaded another Amex suit. I have followed through with the lawyers as advised through kill debt and your previous video. The new information is insightful!
brian ·
Amohab, any word on an outcome? Thank you.
Amohab ·
HI Brian, trial is scheduled in 2 days. Plaintiff did not respond to discovery requests. Before discovery deadline (45 days per court order) plaintiff filed a motion for summary disposition. Few days later a motion for extension of time to answer discovery. I responded with a response to motion for extension of time and then later a motion to compel. Although plaintiff asked for an extension on discovery they have no responded. This seems like some sort of tactic or game being played by counsel. Let me know if this sounds familiar to you. Currently preparing for trial. Any suggestions? Should I ask the court for a motion of continuance? The court order states all motions should be filed 10 days before trial. I am reviewing the rules for civil procedure but its unclear whether I can request a continuance on the day of trial. Open to any advice and suggestions.
brian ·
Me, I focus on their failure to follow discovery rules as a reason for a continuance-how do you properly fight your case without your the responses to the rightful discovery of yours. Also, feet to the fire with a Motion to Compel after you get a continuance. If it is request to admits, everything you asked for should be now admitted and don't let them amend that. Use the admissions to win at trial. My two cents and not legal advice.
Amohab ·
Is it appropriate to ask the court what their position is regarding my requests for admission or should I automatically assume the court will honor that all requests for admissions are deemed admitted. Parker GPT has mentioned again and again that I shouldn’t use an unanswered RFA’s are automatically deemed admitted. I know that I must be aggressive but do not want to insult the court.
Amohab ·
Hi Brian, plaintiff was prepared for a voluntary dismissal even before I approached the bench. The dismissal is without prejudice. I am saddened that I did not get the experience standing trial for myself when I was prepared and had my arguments. In the end I hoped to settle the accounts but the experience mattered to me. A voluntary dismissal is a win however I will worry about this case being presented again with a better accounting records. I have another case with the same plaintiff for debt amounting to close to 30K. I do believe my arguments are better on this particular case but we will see. Thank you for this service. Court Tester really helped me prepare to present myself. Much appreciated!!!
nikolaou4 ·
Nice work. Court Tester is the best thing ever invented. I have case with LVNV that has a hearing scheduled for Summary Judgement (they have ignored discovery) and I have never felt more prepared using Court tester.
brian ·
Great job to all.
Amohab ·
Yes court tester is amazing. I even used court tester to copy and paste certain arguments and print them out as a guide for trial. HUGE TIP: definitely practice in front of a mirror before trial and HIGHLIGHT KEY WORDS (in a bright color) in your arguments so you can piece together your sentences without needing to read off your sheet. It is very easy to get tongue tied and sometimes a quick glimpse at those keywords will get you back on track!
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