Rev. Jones Summary
Judgment Unethical Credit Collection Practices
Copy of Summary Judgment
Below, feel free to use as a template.
I
am posting this letter because I feel there is something wrong about how the
credit collection laws are being administered, here in Highlands County
Midland
Funding is claiming I owe them money based on unpaid debts to other
creditors. The law requires all
creditors to hire a third party to collect these debts. A credit collector must be a third
party. After being unsuccessful in their
attempts, realizing they cannot drain water from a rock, they closed these
accounts with zero balances. They
accepted the losses.
Then
Midland Funding claims they purchased these debts credit collectors pay about
2% or $100 per $5,000 and then added on crazy interest compounded and basically
say "now you pay us, what you owe us." In my case they never established the
transfer of these debts to them from my creditors with me, which is a
requirement within 5 days. Then they want act like a third party debt
collector, while being the holders of these alleged debts or holding creditor
status. Then they want to present their
witnesses by phone, something all parties are required to agree to and I didn't
concur nor was I asked. They served me
improperly and the alleged debts are to someone else's address I never legally
used for anything. And they didn't
answer my request for case dismissal or give me my discover to use to prepare
for trial. The bottom line is that this
is corruption at its best and people need to be aware of these unethical
practices.
Rev.
Paul
In the County Court of tenth Judicial Circuit,
in AND for Highlands County Florida
Case
No. 14-166 SPS
Plaintiff
vs.
Frank Jones
Defendant
Defendant
Motion for Summary Judgment
AND Memorandum of law in
support thereof
1:
Introduction: I Frank Paul Jones who is
competent and a resident of the State of Florida
Under
Florida Rule of Judicial Administration 2.530(d)(1). I never agreed to the plaintiff being allowed
to present their telephone witness at my trial. Under Florida Rule of Judicial Administration 2.530(d)(1), it is clear that all parties must agree to such an
arrangement. I do not concur with your decision to allow this and was never
asked while in court. And therefore, I
request that the court finds this witness to be inadmissible at my trial.
Case
law interpretation of this rule held that, under Florida Rule of Judicial Administration 2.530(d)(1), a
trial court's only has the discretion to allow testimony to be taken over the
phone if all of the parties consent. See Cole v. Cole, 86 So. 3d 1175 (Fla. 5th DCA 2012).
If the judge allowed a party to testify by phone over the objection of
another party, the trial court committed error. See Cole, 86 So. 3d at 1176 (citing S.A. v. Dep't of Children and Family Servs., 961 So. 2d
1066, 1067 (Fla. 3d DCA 2007)). Your Honorable Judge
Anthony Ritenour, although many judges
thought that they had some discretion to allow a party to testify by phone
under the Rules of Judicial Administration, there was simply no such
discretion. See M.S. v. Dep't of Children and Families, 6 So. 3d
102, 103 (Fla. 4th DCA 2009).
Secondly,
under RULE 1.280 GENERAL PROVISIONS GOVERNING DISCOVERY, I requested a
discovery by requesting that certain questions be answered at pretrial. They are all on record and a copy of them are
in your possession. None of my questions
were answered at pretrial to include my request to dismiss this case against me
on the grounds of the 4 questions or issues raised. At pretrial,
I gave the court and Midland Funding LLC, my information and concerns
and therefore showed them my hand. The court accepted my information to then be
forwarded it to Midland Funding LLC, but I never receive my discovery and
therefore have no idea what to expect upon my trial date. This clearly puts me
at a disadvantage. These are also grounds for dismissal. If my request for summary judgment is denied,
I request that I receive the discovery for this case from Midland Funding immediately, so I can prepare
for trial. And please for the record
have them answer my pretrial questions, because it is important information pertaining
to this case.
Thirdly,
As I showed you all of my credit card accounts
were closed, with a zero balances and one late payment recorded on each of
them. Therefore this high debt amount of $4255.25 is above the original debt by
far and a debt collector cannot charge more than the original debt. The interest they are claiming does not
exist. I made this clear to the court and it went unanswered. The account in
question is billed to Frank P Jones 2940 N. Buckingham Rd, Avon Park, Fl.
33825, which is also the address that as served until being redirected to the
proper address. This is not my bill,
because I never lived at that address or ever used it to receive mail.
Fourth, Being the accounts were closed by the
original creditor, the second party being HSBC, no longer exist in this
business transaction and therefore Midland Funding no longer qualifies as a
third party. This is exactly what the law was designed to prevent under 2013
Florida Statues
559.55Definitions
(6)“Debt collector” means
any person who uses any instrumentality of commerce within this state, whether
initiated from within or outside this state, in any business the principal
purpose of which is the collection of debts, or who regularly collects or attempts
to collect, directly or indirectly, debts owed or due or asserted to be owed or
due another. The term “debt collector” includes any creditor who, in
the process of collecting her or his own debts, uses any name other than her or
his own which would indicate that a third person is collecting or attempting to
collect such debts.
The exception to this rule would the that my
debt be assigned to Midland Funding LLC.
However under the . FLORIDA CONSUMER COLLECTION PRACTICES ACT
"FCCPA," Midland Funding was required to inform me of such
assignment. 559.715 Assignment of consumer debts. The problem here is that I never received
such notification from Midland Funding LLC.
Midland Funding never properly established their ownership of said debt.
WHEREFORE,
I the Rev. Frank Paul Jones of 917 S. AVE, Avon Park Midland
Funding LLC, be required to validate all alleged debts owed by to them. And if
they cannot prove I owe these debt, I request that court require them to close
all of these accounts and notify of their actions.
I
HEREB Y
CERTIFY that a copy of the foregoing has been furnished by hand delivery to:
Name:
____________________________________________________________________
Date:______________
Name:
Frank Paul Jones
___________________________________________________________
Signature:
Telephone
Home: ###-####
Cell:
863-###-####
STATE
OF FLORIDA
Sworn to (or affirmed) and
subscribed before me on 6 June 2014 by Frank Paul Jones.
___________________________________________________________________
DEPUTY CLERK
___________
Personally known
___________
Produced Florida State
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