QUESTION

What happens in an embezzlement hearing and do I need to attend or can I file a motion on my behalf?

Asked on Feb 13th, 2013 on Criminal Law - Florida
More details to this question:
I RECEIVED A NOTICE OF HEARING THAT STATES: “Please take notice that on [DATE], or as soon thereafter as counsel can be heard, the undersigned [PLAINTIFF’S ATTORNEY] will bring on to be heard the ‘Defendant’s Opposition to Plaintiff’s Voluntary Dismissal as to Defendant JANE DOE before the JUDGE…(etc.)…” WHAT DOES THIS MEAN? WHAT SHOULD I PREPARE FOR? “YES” I understand the Debt Collection Laws. I understand my responsibility. CASE HISTORY: BANK, Plaintiff vs. ME and JANE DOE, Defendant Plaintiff’s Complaint: Defendant’s own money from an overdrawn joint bank account. MY Response & Affirmative Defense: (1) Deny all with the exclusion of owning a join bank account with Jane Doe, (2) Plaintiff failed to serve Jane Doe, Federal Rules of Civil Procedure: Rule 19, (3) Unable to defend myself without the presence of Jane Doe whom is indispensable, etc. MY PERSONAL: I am PRO SE not by choice but by economic circumstances. The Co-Defendant embezzled over $1.3 million in cash and property from my trust fund and children’s college fund. I am living in a foreclosed home and without a job taking care of my teenage daughter. Regardless of my personal problems I WILL NOT use or mention it as the “poor me” defense. I am a very private person and reserved. I do not like conflicts. I avoid airing my laundry out in public. There is no threat of me becoming emotional or personal when responding to the Plaintiff’s complaint although, I am tempted at times because everyone has a breaking point. CO-DEFENDANT: Currently incarcerated on unrelated charge for a minimum of 8 years starting in 2010. CO-DEFENDANT was arrested for drug trafficking a few days after the alleged funds were withdrawn.
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1 ANSWER

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It seems like you should have filed a cross complaint. We cannot tell you exactly what this means without seeing what you are actually talking about.
Answered on Feb 18th, 2013 at 8:14 PM

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