AJ
Anthony J. Horky
Fri, Mar 13, 2015 5:46 PM
That’s a great case, Dennis. It confirms that there is no law requiring an action be filed in “small claims” court—nothing in Chapter 34 at all. It’s always been a county court just with application of different rules. If the plaintiff alleges in its complaint that it is an a “action at law not exceeding $15,000” then it should proceed in county court under the Rules of Civil Procedure. As Lainie had commented, if the pleader states the amount specifically—e.g., $2,500,” then that is when the clerk of court fast tracks into small claims which triggers that initial hearing/mediation within a short period of time. The question, though, is whether the language in Rule 7.010(b) makes it mandatory or discretionary to use the small claims rules of procedure.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: mailto:ahorky@horkylaw.com ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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@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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
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That’s a great case, Dennis. It confirms that there is no law requiring an action be filed in “small claims” court—nothing in Chapter 34 at all. It’s always been a county court just with application of different rules. If the plaintiff alleges in its complaint that it is an a “action at law not exceeding $15,000” then it should proceed in county court under the Rules of Civil Procedure. As Lainie had commented, if the pleader states the amount specifically—e.g., $2,500,” then that is when the clerk of court fast tracks into small claims which triggers that initial hearing/mediation within a short period of time. The question, though, is whether the language in Rule 7.010(b) makes it mandatory or discretionary to use the small claims rules of procedure.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com.
-------------------------------------------------------
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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@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: <http://www.evict.com/> www.evict.com
Email: <mailto:harry@evict.com> harry@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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DC
Dennis Chen
Fri, Mar 13, 2015 5:55 PM
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@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 1:09 PM, Harry Heist harry@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/
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@lists.flabarrpptl.org [mailto:
landten-bounces@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@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@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/
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.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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@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 1:09 PM, Harry Heist <harry@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@evict.com* <harry@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@lists.flabarrpptl.org [mailto:
> landten-bounces@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@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@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@evict.com* <harry@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.
>
>
>
>
>
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
HH
Harry Heist
Fri, Mar 13, 2015 6:02 PM
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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@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@lists.flabarrpptl.org [mailto:landten-bounces@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@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 1:09 PM, Harry Heist harry@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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@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@lists.flabarrpptl.org [mailto:landten-bounces@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
dennis@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@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: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
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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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: <http://www.evict.com/> www.evict.com
Email: <mailto:harry@evict.com> harry@evict.com
<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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 1:09 PM, Harry Heist <harry@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: <http://www.evict.com/> www.evict.com
Email: <mailto:harry@evict.com> harry@evict.com
<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
dennis@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@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: <http://www.evict.com/> www.evict.com
Email: <mailto:harry@evict.com> harry@evict.com
<https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
Visit us on Facebook
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LS
Lainie Simon
Fri, Mar 13, 2015 6:05 PM
Here, at least, if you don’t put the amount, the clerk will bounce. IE you have to say b/t $5 and $15. If you say, up to $15k, without anything else, the clerk here will send it back.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê
On Mar 13, 2015, at 1:46 PM, Anthony J. Horky ahorky@horkylaw.com wrote:
That’s a great case, Dennis. It confirms that there is no law requiring an action be filed in “small claims” court—nothing in Chapter 34 at all. It’s always been a county court just with application of different rules. If the plaintiff alleges in its complaint that it is an a “action at law not exceeding $15,000” then it should proceed in county court under the Rules of Civil Procedure. As Lainie had commented, if the pleader states the amount specifically—e.g., $2,500,” then that is when the clerk of court fast tracks into small claims which triggers that initial hearing/mediation within a short period of time. The question, though, is whether the language in Rule 7.010(b) makes it mandatory or discretionary to use the small claims rules of procedure.
Regards,
<image003.png>
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com http://www.horkylaw.com/
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@chenlaw.net mailto:dennis@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@evict.com mailto:harry@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@evict.com mailto:harry@evict.com
<image004.png> https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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Here, at least, if you don’t put the amount, the clerk will bounce. IE you have to say b/t $5 and $15. If you say, up to $15k, without anything else, the clerk here will send it back.
Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê
On Mar 13, 2015, at 1:46 PM, Anthony J. Horky <ahorky@horkylaw.com> wrote:
That’s a great case, Dennis. It confirms that there is no law requiring an action be filed in “small claims” court—nothing in Chapter 34 at all. It’s always been a county court just with application of different rules. If the plaintiff alleges in its complaint that it is an a “action at law not exceeding $15,000” then it should proceed in county court under the Rules of Civil Procedure. As Lainie had commented, if the pleader states the amount specifically—e.g., $2,500,” then that is when the clerk of court fast tracks into small claims which triggers that initial hearing/mediation within a short period of time. The question, though, is whether the language in Rule 7.010(b) makes it mandatory or discretionary to use the small claims rules of procedure.
Regards,
<image003.png>
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.com <http://www.horkylaw.com/>
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com <mailto:ahorky@horkylaw.com>.
-------------------------------------------------------
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@chenlaw.net <mailto:dennis@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@evict.com <mailto:harry@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@evict.com <mailto:harry@evict.com>
<image004.png> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870>
Visit us on Facebook
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Sebastian Jaramillo
Fri, Mar 13, 2015 6:22 PM
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@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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
<image001.png>
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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 1:09 PM, Harry Heist harry@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
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
<image002.png>
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@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@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
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
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Visit us on Facebook
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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@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
>
> LAW OFFICES OF
> HEIST, WEISSE & WOLK P.A.
> PH: 1 800 253 8428
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website: www.evict.com
> Email: harry@evict.com
> <image001.png>
>
> 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@lists.flabarrpptl.org [mailto:landten-bounces@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@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 1:09 PM, Harry Heist <harry@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
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website: www.evict.com
> Email: harry@evict.com
> <image002.png>
>
> 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@lists.flabarrpptl.org [mailto:landten-bounces@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@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@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
> FAX: 1 800 367 9038
> "Serving the Property Management Professional"
> Website: www.evict.com
> Email: harry@evict.com
> <image002.png>
>
> 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.
>
>
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
>
> _______________________________________________
> landten mailing list
> landten@lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Sat, Mar 14, 2015 8:38 AM
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@evict.commailto:harry@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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image001.png>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@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@chenlaw.netmailto:dennis@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 1:09 PM, Harry Heist <harry@evict.commailto:harry@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 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image002.png>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@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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) 392-1872tel:%28407%29%20392-1872
Fax: 1-866-571-3421tel:1-866-571-3421
dennis@chenlaw.netmailto:dennis@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@evict.commailto:harry@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 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image002.png>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.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
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http://mailman.fsr.com/mailman/listinfo/landten
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@evict.com<mailto:harry@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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com<http://www.evict.com/>
Email: harry@evict.com<mailto:harry@evict.com>
<image001.png><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@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@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@chenlaw.net<mailto:dennis@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 1:09 PM, Harry Heist <harry@evict.com<mailto:harry@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@evict.com<mailto:harry@evict.com>
<image002.png><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@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@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@chenlaw.net<mailto:dennis@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@evict.com<mailto:harry@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@evict.com<mailto:harry@evict.com>
<image002.png><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.
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
_______________________________________________
landten mailing list
landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
LC
Leonard Cabral
Sat, Mar 14, 2015 8:56 AM
Don't stipulate to fees, you admit to entitlement to fees opposing counsel cannot get paid for litigating fees. You can make them sped .more hours litigating fees which results in a. Net loss for the attorney who then becomes discouraged in these type of cases. Opposing counsel must prove her fees at a fee hearing which she does not get paid for.
Sent from my Windows Phone
From: Harry Heist
Sent: 3/13/2015 2:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction question
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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D05D96.4CA53F40]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@lists.flabarrpptl.org [mailto:landten-bounces@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@chenlaw.netmailto:dennis@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 1:09 PM, Harry Heist <harry@evict.commailto:harry@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 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D05D96.4CA53F40]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@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) 392-1872tel:%28407%29%20392-1872
Fax: 1-866-571-3421tel:1-866-571-3421
dennis@chenlaw.netmailto:dennis@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@evict.commailto:harry@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 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image002.png@01D05D96.4CA53F40]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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Don't stipulate to fees, you admit to entitlement to fees opposing counsel cannot get paid for litigating fees. You can make them sped .more hours litigating fees which results in a. Net loss for the attorney who then becomes discouraged in these type of cases. Opposing counsel must prove her fees at a fee hearing which she does not get paid for.
Sent from my Windows Phone
________________________________
From: Harry Heist
Sent: 3/13/2015 2:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jurisdiction question
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
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com<http://www.evict.com/>
Email: harry@evict.com<mailto:harry@evict.com>
[cid:image001.png@01D05D96.4CA53F40]<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@lists.flabarrpptl.org [mailto:landten-bounces@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@chenlaw.net<mailto:dennis@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 1:09 PM, Harry Heist <harry@evict.com<mailto:harry@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@evict.com<mailto:harry@evict.com>
[cid:image002.png@01D05D96.4CA53F40]<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@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@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@chenlaw.net<mailto:dennis@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@evict.com<mailto:harry@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@evict.com<mailto:harry@evict.com>
[cid:image002.png@01D05D96.4CA53F40]<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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