Legal Question in Consumer Law in Florida

I currently live in FL. In the spring of 2005, while still living in VA, I voluntarily relinquished my Mitsubishi Montero Sport. The company, Mitsubishi, sent a tow to retrieve the vehicle from my home address. During the initial phone call, and subsequent paperwork, I was informed that the vehicle would be sold, and I'd be responsible for the difference. Understood. Acceptable. A year passed. I never heard from the car company. In 2006, I moved to Florida. In February, of this year, I was served with papers - indicating an intent to sue me. As I was in my last semester of school, and had no clue how to proceed, I sought out legal advice. I was fortunate enough to retain an attorney for a, one time, flat of $500 - this included filing a motion to appear, communication with the plaintiff(s)' attorney, and a court appearance. My attorney was successful in getting the case against me dismissed. However, within the allotted 20 day period, they did choose to appeal the decision. Unfortunately, this time I am without counsel/representation; as I do not have the funds required to keep my former attorney on retainer. I have been trying for a week and a half to figure this out, for myself. However, I have to respond by Tuesday (8/18) or I will be found in default. I am at a loss, as to how to proceed - even where to begin. Will a letter, from me, be considered a sufficient response? Does it go to the plaintiff's attorney, and to the court, or just the attorney?

Any guidance offered is greatly appreciated. In advance, I thank you for your time and attention.

TmT


Asked on 8/17/09, 1:07 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Geez, you have to respond to the appeal by Tuesday?? You need to familiarize yourself with the FL Rules of Appellate Procedure post-haste!! You need to file a motion for extension of time to respond - should be granted without much ado. You will need an attorney to write an Answer Brief to the Appellant's Initial Brief. That is not something you should even attempt yourself.

Times are tough, and I've written appellate briefs in Real Property cases for $250 flat fee. It can be done at that bargain rate if you know where to look. I'm not offering, though, because it looks like you are in Ft. Lauderdale, and I'm all the way over in Tampa Bay.

File the motion for extension of time. Find a bargain lawyer. Good luck.

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Answered on 8/17/09, 7:29 am


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