[RPPTL LandTen] Jurisdiction question

Sat Mar 14 01:38:29 PDT 2015

Sent from my Windows Phone
________________________________
From: Sebastian Jaramillo
Sent: 3/13/2015 2:26 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction question

I can only Think of an offer of settlement or almost conceding on the final judgment just to cutoff the attorney's fees.

Sent from my iPhone

On Mar 13, 2015, at 2:02 PM, Harry Heist <harry at evict.com<mailto:harry at evict.com>> wrote:

How do we “stipulate to attorney’s fees”? If I am going to settle a case, I sure won’t agree to an amount owed (or what we want to pay to make the case go away) until I know what the attorney’s fees we are going to agree upon or not are.

My client denies they owe the money at all.  I am trying to settle this stupid case but can’t even get a response.

Harry

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Friday, March 13, 2015 1:55 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction question

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<mailto:dennis at chenlaw.net>

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On Fri, Mar 13, 2015 at 1:09 PM, Harry Heist <harry at evict.com<mailto: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<tel:1%20800%20253%208428>
FAX: 1 800 367 9038<tel:1%20800%20367%209038>
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto: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<tel:%28407%29%20392-1872>
Fax: 1-866-571-3421<tel:1-866-571-3421>
dennis at chenlaw.net<mailto: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<mailto: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<tel:1%20800%20253%208428>
FAX: 1 800 367 9038<tel:1%20800%20367%209038>
"Serving the Property Management Professional"
Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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