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No Due Process in eBay Small Claims

  • Thread starter clarence street
  • Start date

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C

clarence street

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What is the name of your state?
Florida

I was recently served with papers in a civil suit at my physical address which was not that listed on the summons. I answered and counterclaimed within the requisite 20 days listing my correct mailing address. I followed that up with a motion for discovery which again bore my correct address. The next, and only thing I received since the summons was a proposed final judgement. All of the court papers regarding pre-trail conference etc. had been sent to the incorrect address and according to the clerk of the court, the plaintiff's attorney is totally responsible for this because the address on the summons is what they went by.
The judge has granted a rehearing and I am representing myself. I want the case dismissed because I was denied the right to be present at the pre-trial hearing. I want argue violation of due process, and I need some specific guidance on how to draft this motion?
 



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