Deadbeats

[Dudly.Doright]

What is the name of your state (only U.S. law)? Florida
A friend of mine helped some friends who really needed it by taking out a personal loan at his bank and moved them from another state into his house. He went above and beyond helping them. Before he took out the loan they agreed to pay it and pay their share of the bills for living in his home. When they moved into their own place they told him they would continue to pay the loan and also to pay the bills they left owing. They also asked him to sell them an appliance they didn't have in their new place. They promised to pay what they owed and only paid one more payment on the loan after they moved and kept giving excuses they would pay all they owed. He recently filed a lawsuit against them since it became obvious they weren't going to pay him. A date has been set for mediation and he just got a letter from an attorney they hired to represent them asking for any and all correspondence, pleadings. discovery and any other document be forwarded to said attorney. It was not a registered or return receipt letter that required a signature. I told him I didn't believe he was legally obligated to provide this information to said attorney since it was only a mediation before the actual case if they didn't agree to work it out in mediation. They just want to know if he has all his ducks in a row. Before he filed the suit he tried one last time to resolve this by sending them a registered, return receipt letter informing them of his intentions and received the proof that they signed for the letter. Could someone tell me if I was right or wrong that he didn't have a legal obligation to provide the requested information to their attorney before the mediation? If they have the money to hire an attorney then they have the money to pay their rightfully owed debt I say!

 

[quincy]

What is the name of your state (only U.S. law)? Florida
A friend of mine helped some friends who really needed it by taking out a personal loan at his bank and moved them from another state into his house. He went above and beyond helping them. Before he took out the loan they agreed to pay it and pay their share of the bills for living in his home. When they moved into their own place they told him they would continue to pay the loan and also to pay the bills they left owing. They also asked him to sell them an appliance they didn't have in their new place. They promised to pay what they owed and only paid one more payment on the loan after they moved and kept giving excuses they would pay all they owed. He recently filed a lawsuit against them since it became obvious they weren't going to pay him. A date has been set for mediation and he just got a letter from an attorney they hired to represent them asking for any and all correspondence, pleadings. discovery and any other document be forwarded to said attorney. It was not a registered or return receipt letter that required a signature. I told him I didn't believe he was legally obligated to provide this information to said attorney since it was only a mediation before the actual case if they didn't agree to work it out in mediation. They just want to know if he has all his ducks in a row. Before he filed the suit he tried one last time to resolve this by sending them a registered, return receipt letter informing them of his intentions and received the proof that they signed for the letter. Could someone tell me if I was right or wrong that he didn't have a legal obligation to provide the requested information to their attorney before the mediation? If they have the money to hire an attorney then they have the money to pay their rightfully owed debt I say!

First, you should not be giving legal advice to your friend, and it should be your friend who is here asking questions if he has any. Additionally, your friend will be best served by having his own attorney, especially if his friends have an attorney.

Whether your friend should be providing the other party's attorney with the documents requested will depend on what exactly the other party's attorney is requesting.

Was there a signed "loan" agreement or an I.O.U. between your friend and his friends, or did they have an oral agreement?

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida
A friend of mine helped some friends who really needed it by taking out a personal loan at his bank and moved them from another state into his house. He went above and beyond helping them. Before he took out the loan they agreed to pay it and pay their share of the bills for living in his home. When they moved into their own place they told him they would continue to pay the loan and also to pay the bills they left owing. They also asked him to sell them an appliance they didn't have in their new place. They promised to pay what they owed and only paid one more payment on the loan after they moved and kept giving excuses they would pay all they owed. He recently filed a lawsuit against them since it became obvious they weren't going to pay him. A date has been set for mediation and he just got a letter from an attorney they hired to represent them asking for any and all correspondence, pleadings. discovery and any other document be forwarded to said attorney. It was not a registered or return receipt letter that required a signature. I told him I didn't believe he was legally obligated to provide this information to said attorney since it was only a mediation before the actual case if they didn't agree to work it out in mediation. They just want to know if he has all his ducks in a row. Before he filed the suit he tried one last time to resolve this by sending them a registered, return receipt letter informing them of his intentions and received the proof that they signed for the letter. Could someone tell me if I was right or wrong that he didn't have a legal obligation to provide the requested information to their attorney before the mediation? If they have the money to hire an attorney then they have the money to pay their rightfully owed debt I say!

Please don't do that. This is not your legal concern and you can actually harm your friend's case. Withholding requested information can be smart, or foolish, depending on the situation. You can't know that, and we can't ascertain that from what you've written here.

It does appear however that there is some doubt about what your friend does and doesn't have in terms of proving the loan exists.

Don't do the "if they can do this, they should do that!" thing. It doesn't matter. It could be their best friend who became an attorney helping them out for free.

Or their relative. Or anyone else for that matter.

 

[quincy]

Here is a link to Florida's Rules of Civil Procedure, for your friend to review: http://phonl.com/fl_law/rules/frcp/

If your friend does not have his own attorney, he is at a decided disadvantage in his case. The other party's attorney knows the Rules and the court will expect him to know them, as well. It is often the procedural matters that will trip up someone who is acting on his own behalf - and I can see how this is already becoming a problem for your friend.

The best way you can help your friend is to tell him to seek out help from an attorney in his area, and he should do this soon.

 

[Proserpina]

They do seem to be intent on not paying. I'm wondering if they and their attorney have come up with the "there's no proof we promised to pay" stance, since (they might think) that's basically the truth of the matter.

It's always rotten when people take advantage of others.

 

[Dudly.Doright]

To those who replied to my post. My friend asked my opinion and let me make it clear it was just my opinion. I was not legal advice and he is aware that it was just my opinion. Also he has all the legal proof and witnesses to the loan and other bills owed him. He asked me to do this post as he is not very computer literate. He just wondered if anyone of you out there knew since it is just a mediation and doesn't require an attorney to file or go to court on this matter if he legally had an obligation to provide these documents to their attorney before mediation. If it is not settled in mediation then the case goes to court. So if anyone actually knows anything that might help him out on this matter please reply to this new post. Thank you

 

[Zigner]

The answers aren't going to change.

 

[Proserpina]

To those who replied to my post. My friend asked my opinion and let me make it clear it was just my opinion. I was not legal advice and he is aware that it was just my opinion. Also he has all the legal proof and witnesses to the loan and other bills owed him. He asked me to do this post as he is not very computer literate. He just wondered if anyone of you out there knew since it is just a mediation and doesn't require an attorney to file or go to court on this matter if he legally had an obligation to provide these documents to their attorney before mediation. If it is not settled in mediation then the case goes to court. So if anyone actually knows anything that might help him out on this matter please reply to this new post. Thank you

How do you think it will look when the attorney clearly states, "We requested information, but plaintiff willfully ignored our request"?

Is he planning on taking the witnesses to court with him? What "legal proof" exists?