[RPPTL LandTen] Jurisdiction question

Fri Mar 13 10:55:25 PDT 2015

I agree it is a slimy tactic and it is something I saw in PIP litigation
about 10 years ago.  I haven't been involved in PIP for quite some time so
I don't know if the plaintiff attorneys still do that.

If it is quite clear that your client owes the amount claimed, you could
file a pleading agreeing to the claims and tender payment at the same
time.  Stipulate to attorneys fees and then proceed to hearing on the
amount of attorneys fees only.  That should stop the attorney fee clock and
maybe the attorney will talk to you then because they won't be paid for all
the time they will spend preparing for a fee hearing.

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

******** NEW ADDRESS effective 1/5/2015 ********
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Winter Garden FL 34778

Telephone and email remain the same.

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On Fri, Mar 13, 2015 at 1:09 PM, Harry Heist <harry at evict.com> wrote:

> Intentionally bypassing the Small Claims set up which was made to help get
> cases resolved prior to trial, help litigants and ease the strain on the
> court system JUST to attempt to increase billable hours like this is
> shameful.
>
>
>
> This is one of those reasons why people hate lawyers.
>
>
>
> Sad indeed.
>
>
>
> I am trying to settle a case right now and the lawyer won’t even bother
> returning a phone call or an email. She ignores everything and I have to
> leave a message with some answering service who asked me 3 times how to
> spell “Harry”.
>
>
>
> What has become of our profession?
>
>
>
> Harry
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website:  **www.evict.com*
> <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
>
>
> *Visit us on Facebook*
>
>
>
>
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.
>
>
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org [mailto:
> landten-bounces at lists.flabarrpptl.org] *On Behalf Of *Dennis Chen
> *Sent:* Friday, March 13, 2015 12:56 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Jurisdiction question
>
>
>
> Take a look at this case that addresses small claims versus county court.
> Small claims just refers to procedure within the county court.
>
> Some attorneys use this tactic, filing in county rather than small claims,
> to avoid the mandatory pretrial and mediation.  It also allows them to
> immediately send out discovery.  It is a strategic move to reduce time out
> of the office and increase billable hours claim.
>
> Dennis
>
>
>
> Dennis A. Chen, Esq.
> Chen Law Firm, PA
> 13360 W. Colonial Dr, Ste. 470
> Winter Garden, Florida 34787
> Tel:   (407) 392-1872
> Fax: 1-866-571-3421
> dennis at chenlaw.net
>
> Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
> Estate Litigation
>
> ******** NEW ADDRESS effective 1/5/2015 ********
>
> Physical address is listed above.  The new mailing address is:
>
>
> Chen Law Firm PA
>
> PO Box 784419
>
> Winter Garden FL 34778
>
>
>
> Telephone and email remain the same.
>
>
> CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains
> legally privileged and confidential information and is intended solely for
> the recipient. Should the intended recipient forward this message to any
> person or entity, that action could constitute a waiver of the
> attorney-client privilege. If the reader of this message is not the
> intended recipient, you are hereby notified that any review, dissemination,
> distribution, or copying of this communication is prohibited. If this
> communication was sent or received in error, please notify us by reply
> e-mail and delete the original message.
>
>
>
> On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist <harry at evict.com> wrote:
>
> Is it required that a simple security deposit dispute case for $1200 be
> filed in Small Claims Court or can an attorney file in County Court with a
> regular 20 day summons?
>
>
>
> No injunctive relief is being asked for but it is a ridiculous complaint
> for one count called “Failure to Return” and a count for “Unjust
> Enrichment”.
>
>
>
> What a waste of time.
>
>
>
> If it is not proper, would a Motion to Dismiss be proper? The attorney who
> filed is not returning calls or emails so we can’t even try to settle this
> dumb case.
>
>
>
> Harry
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
> <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
> the Property Management Professional"Website:  **www.evict.com*
> <http://www.evict.com/>
> * Email: **harry at evict.com* <harry at evict.com>
>
> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
>
>
> *Visit us on Facebook*
>
>
>
>
>
> THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
> INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
> DISTRIBUTION IS STRICTLY PROHIBITED.
>
>
>
>
>
>
>
>
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