Legal Question in Civil Litigation in Florida

order to show cause (replevin)

My roommate was just served yesterday with a summons and to answer in 20 days. It involves his mercedes. He is behind in his payments and the car loan company is now taking him to court. I have paid for his car a few times because he has allowed me to drive the car. One time the car company went into my bank account with out my permission, l live off my childs child support which is for an autistic child. The bank when l confronted them on the situation told me they got permission by someone to get into your account and l was even more luck that my child support did not come in on time or they would of been holding onto that cash. When l explained to my bank they credit all the service charges and so on. When l wrote to the car loan people l asked them for all telephone conversation with Danny (roommate) and myself , l also asked for any files where l say they could go into my account. They wrote back and told me that my roommate gave them permission to go into my personal account (no he did not) and that they do not tape conversation. How can l get in on this case. My roommate has to response to the summons in 20 days and we have no money to fight them. Can l put myself in the case also, how and what rules, statues can l


Asked on 11/06/07, 2:14 pm

3 Answers from Attorneys
Scott Behren Behren Law Firm

Re: order to show cause (replevin)

Sounds like an interesting case. I might be able to help you out. Feel free to fax over the summons and complaint and we can talk about your options.

Scott Behren

Read more
Answered on 11/06/07, 9:58 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: order to show cause (replevin)

You need to pursue this with your bank. If you did not give permission, then the bank will credit your account. The bank will have some proof of what permission there was to disburse the funds. Contact you bank. There is no way that tyou can "get in on" the lawsuit. You would need a seperate action.

Read more
Answered on 11/06/07, 2:31 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: order to show cause (replevin)

You can get in on the case through a motion to intervene but that is not the best way to proceed. Better is contacting your bank and demanding they reimburse you for the improper debiting of your account. If they decline, you should consult an attorney. You can also sue your friend. If you would like to discuss this further, please call my office.

Read more
Answered on 11/06/07, 4:17 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida